Legal Opinion · Dissent

Ross v. City of Geneva

Illinois Supreme Court

Decided January 27, 1978No. 49227Published

1DissentJustice Underwood

I agree with the majority that this case “presents the very narrow question whether, within the ambit of the relevant statutes, defendant was authorized to levy a surcharge on commercial users of the electric services provided by its utility and use those funds for the construction and maintenance of parking lots.” (71 Ill. 2d at 32.) Yet the court states only its conclusion regarding this question; it neither adopts the reasoning of the appellate court invalidating the ordinance nor explains its own rationale. An ordinance is presumed valid and reasonable, and the attacking party has the…

2Cases cited6 opinions

  1. Pyle v. FerrellIllinois Supreme Court · 1958
  2. DuMond v. City of MattoonAppellate Court of Illinois · 1965
  3. Haas v. Commissioners of Lincoln ParkIllinois Supreme Court · 1930
  4. City of Chicago Heights v. Western Union Telegraph Co.Illinois Supreme Court · 1950
  5. Briggs v. BuzzellSupreme Court of Minnesota · 1925

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