City of Chicago v. University of Chicago
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. On May 19, 1902, the city council of the city of Chicago passed the following ordinance: “The commissioner of public works is hereby directed and instructed to remit and cancel all water taxes and rates heretofore levied and assessed or which may hereafter be levied or assessed against such property of any charitable, religious or educational institution within the city of Chicago as is used in the immediate conduct and…
1Opinion of the CourtJustice Dunn
It is first contended by appellants that the ordinances providing for the remission of water rates to charitable, religious or educational institutions are invalid because the city cannot give away any public property. The question does not arise on this record. The answer expressly avers that the system of water-works is the private property of the city, conducted as a private enterprise and not as a governmental function, and that the city has full right and authority to charge and collect from its patrons whatever rates it may see fit to fix, so long as they are reasonable, and to…
2Cases cited3 opinions
- Yale University v. Town of New HavenSupreme Court of Connecticut · 1899
- Trustees of Phillips Academy v. Inhabitants of AndoverMassachusetts Supreme Judicial Court · 1900
- Monticello Female Seminary v. PeopleIllinois Supreme Court · 1883
3Cited by31 opinions
- Western Theological Seminary v. City of EvanstonIllinois Supreme Court · 1927
- Congregational Sunday School & Publishing Society v. Board of ReviewIllinois Supreme Court · 1919
- People Ex Rel. Goodman v. University of Illinois FoundationIllinois Supreme Court · 1944
- McKenzie v. JohnsonIllinois Supreme Court · 1983
- State ex rel. Fatzer v. Board of RegentsSupreme Court of Kansas · 1949
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