City of Chicago v. Burtice
Illinois Supreme Court
This was a special proceeding on the part of the city of Chicago, to collect an assessment for grading and macadamizing West Madison street, from Sangamon street, west, to the city limits.
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This was a special proceeding on the part of the city of Chicago, to collect an assessment for grading and macadamizing West Madison street, from Sangamon street, west, to the city limits. The defendants resisted the proceeding on the grounds, that the assessment was not made in conformity to the charter; because the proceedings in the council were irregular; because the amount assessed exceeded three per cent, on the value of the property, and because the valuation made by the commissioners was excessive and fraudulent. The court heard the testimony offered in support of these various…
1Opinion of the Court
Catón, C. J.
We are asked to reconsider what was said in Pease v. City of Chicago, 21 Ill. R. 500, as to what defense may be made under this proceeding. We there expressed the opinion that any defense which would show that the assessment ought not to be collected, might be made. .We have reconsidered the subject, and have bestowed upon it the best reflection of which we are capable. By the seventh section of the seventh chapter of the city charter, an appeal is allowed, from the assessment made by the commissioners, to the common council, who may set aside, correct or confirm the assessment,…
2Cited by13 opinions
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- People's Gas Light & Coke Co. v. StuckartIllinois Supreme Court · 1918
- Oregon & Cal. R. R. v. Jackson CountyOregon Supreme Court · 1901
- State v. Lone Star Gas Co.Court of Appeals of Texas · 1935
- Spencer & Gardner v. PeopleIllinois Supreme Court · 1873
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