Hunerberg v. Village of Hyde Park
Illinois Supreme Court
Appeal from the County Court of Cook county; the Hon. Bichard Prendergast, Judge, presiding. The owner of land objecting can not be specially assessed for a local public improvement to be located upon his private property. Railway Co. v. Alleghany City, 92 Pa. St. 100; People v. Haines, 49 N. Y. 587; In re Rhinelander, 68 id. 105 ; In re Cheesehrough, 78 id. 232. A special assessment can not be levied for an improvement the use of which contemplates a continuing trespass.
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Appeal from the County Court of Cook county; the Hon. Bichard Prendergast, Judge, presiding. The owner of land objecting can not be specially assessed for a local public improvement to be located upon his private property. Railway Co. v. Alleghany City, 92 Pa. St. 100; People v. Haines, 49 N. Y. 587; In re Rhinelander, 68 id. 105 ; In re Cheesehrough, 78 id. 232. A special assessment can not be levied for an improvement the use of which contemplates a continuing trespass. In re Rhinelander, 68 N. Y. 105. A special assessment for a public improvement requiring the use of private property upon…
1Opinion of the CourtJustice Bakes
The village of Hyde Park, appellee, passed an ordinance on the 4th of September, 1888, for the grading and paving of Champlain avenue, from Forty-second to Forty-sixth street, and the cost of the improvement was ascertained, in the mode prescribed by the statute, to be $14,446. A petition was then filed in the county court of Cook county, for the purpose of having a special assessment made, to pay the cost of such improvement. The commissioners appointed to assess the benefits, assessed against the east half of lot 2, block 2, Sal-stonstall & Bussell’s subdivision of the north half of the…
2Cases cited2 opinions
- Village of Hyde Park v. BordenIllinois Supreme Court · 1879
- Holmes v. Village of Hyde ParkIllinois Supreme Court · 1887
3Cited by7 opinions
- Johnson v. DuerSupreme Court of Missouri · 1893
- Ayer v. City of ChicagoIllinois Supreme Court · 1894
- Burhans v. Village of Norwood ParkIllinois Supreme Court · 1891
- City of Springfield ex rel. Bank of Commerce v. BaxterMissouri Court of Appeals · 1914
- Jarvis v. Mayor of BerlinCourt of Appeals of Maryland · 1927
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