Legal Opinion

Thorp v. King

Appellate Court of Illinois

Decided December 3, 1891Published

In error to the Circuit Court of McLean County; the Hon. Alfred Sample, Judge, presiding. The town of Normal in McLean County, at a special town meeting on the 22d day of June, 1889, determined to erect a town hall and ordered that a levy sufficient to raise $6,000 be made for that purpose.

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In error to the Circuit Court of McLean County; the Hon. Alfred Sample, Judge, presiding. The town of Normal in McLean County, at a special town meeting on the 22d day of June, 1889, determined to erect a town hall and ordered that a levy sufficient to raise $6,000 be made for that purpose. A committee of five was appointed, and empowered to select and purchase a site for the hall, and to supervise the construction of the building, and exercise the usual powers of a building committee. This committee perfected an organization and received a proposition from Thomas Metcalf to sell them forty…

1Opinion of the CourtBoggs, J.

It is settled by the case of Greely v. People, etc., 60 Ill. 19, that a town in a county under township organization may lawfully build a town hall. It is equally well settled that such town, like an individual, may change its purpose and rescind its former action unless some right in another has been acquired or has vested under its action. Dillon on Municipal Corporations, Sec. 290; Cox v. Town of Tabor, 41 Vt. 28; Estey v. Starn, 55 Vt. 690; Gretchell v. Inhabitants, etc., 55 Me. 433.

The power of a town to erect a hall or to rescind a former determination to do so, may be exercised at the…

2Cases cited5 opinions

  1. Cox v. Town of Mount TaborSupreme Court of Vermont · 1868
  2. Greeley v. PeopleIllinois Supreme Court · 1871
  3. Chicago & Iowa Railroad v. MalloryIllinois Supreme Court · 1881
  4. People ex rel. Cairo & St. Louis Railroad v. Board of SupervisorsIllinois Supreme Court · 1879
  5. Getchell v. Inhabitants of WellsSupreme Judicial Court of Maine · 1867

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