Legal Opinion

Leopold v. City of Chicago

Illinois Supreme Court

Decided June 19, 1894PublishedCited by 23 opinions

Appeal from the Superior Court of Cook county; the Hon. Geokge F. Blanke, Judge, presiding. An ordinance was passed by the city of Chicago for opening an alley from Seventy-third to Seventy-fourth street, and lying between Tates and Bissell avenues, in said city.

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Appeal from the Superior Court of Cook county; the Hon. Geokge F. Blanke, Judge, presiding. An ordinance was passed by the city of Chicago for opening an alley from Seventy-third to Seventy-fourth street, and lying between Tates and Bissell avenues, in said city. The city filed its petition November 25, 1892, in the Superior Court of Cook county, praying that ascertainment be had of the just compensation to be made to property owners for property to be taken and damaged therefor. On April 15, 1893, by the verdict of a jury, just compensation was ascertained as to the several lots, etc.,…

1Opinion of the CourtJustice Shope

The question presented is of great importance, and has not been directly passed upon by this court. Section 13, article 2, of the constitution, provides that private property shall not be taken or damaged for public use without just compensation being made to the owner. We need not pause to notice the reasons leading to the insertion in the present constitution of the inhibition against the damaging of private property for public uses without just compensation. (Penn Mutual Life Ins. Co. v. Heiss, 141 Ill. 35.) The provision is equally mandatory with that against taking private property for…

2Cases cited10 opinions

  1. Sarah v. ReadIllinois Supreme Court · 1882
  2. Washington, Alexandria, & Georgetown Steam-Packet Co. v. SicklesSupreme Court of the United States · 1861
  3. Penn Mutual Life Insurance v. HeissIllinois Supreme Court · 1892
  4. Goodwillie v. City of Lake ViewIllinois Supreme Court · 1891
  5. Chapman v. . GatesNew York Court of Appeals · 1873

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3Cited by23 opinions

  1. Markley v. People ex rel. KocherspergerIllinois Supreme Court · 1898
  2. John Deere Co. v. MetzlerAppellate Court of Illinois · 1964
  3. Ropacki v. RopackiIllinois Supreme Court · 1933
  4. City of St. Louis Park v. EngellSupreme Court of Minnesota · 1969
  5. City of Chicago v. PartridgeIllinois Supreme Court · 1911

18 more not listed; retrieve them via the Exa API.

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