Legal Opinion

Gregsten v. City of Chicago

Illinois Supreme Court

Decided June 19, 1893PublishedCited by 25 opinions

Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Circuit Court of Cook County; the Hon. M. F. Tuley, Judge, presiding.

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Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Circuit Court of Cook County; the Hon. M. F. Tuley, Judge, presiding. This was a bill by appellants, in the Circuit Court of Cook county, representing that in 1870 appellant Gregsten was the owner of a leasehold interest in lot 16, block 142, school section addition to Chicago, expiring on the 1st day of April, 1880; that there was, on the 12th day of May, 1870, a building upon said lot, under the control of and owned by Gregsten; that said lot fronts on Dearborn street in said city, and in its…

1Opinion of the CourtJustice Shope

By the amendment to the charter of the city of Chicago, passed in 1863, the board of public works was given the power “ ‘to regulate the placing or building of vaults under the streets, alleys and sidewalks, and require such compensation for the privilege as they shall deem reasonable and just, subject to the approval of the common council.” Under the authority thus conferred, as well as in execution of the power of exclusive control over the streets and alleys of the city by the city authorities, the board of public works executed a permit to appellant, Gregsten, to excavate for and…

2Cases cited2 opinions

  1. DeVoss v. City of RichmondSupreme Court of Virginia · 1868
  2. Nelson v. GodfreyIllinois Supreme Court · 1850

3Cited by25 opinions

  1. Pikes Peak Power Co. v. City of Colorado SpringsCourt of Appeals for the Eighth Circuit · 1900
  2. City of Chicago v. Union Stock Yards & Transit Co.Illinois Supreme Court · 1896
  3. J. Burton Co. v. City of ChicagoIllinois Supreme Court · 1908
  4. Tacoma Safety Deposit Co. v. City of ChicagoIllinois Supreme Court · 1910
  5. City of St. Paul v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1895

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