Legal Opinion

Whaples v. City of Waukegan

Illinois Supreme Court

Decided April 17, 1899PublishedCited by 6 opinions

Appeal from the County Court of Lake county; the Hon. D. L. Jones, Judge, presiding. The county court of Lake county confirmed special assessments levied by the city of Waukegan for the purpose of defraying the expense of paving a part of Water street, in that city, and appellant, who was the owner of certain of the property against which the said assessments were confirmed, has brought the proceeding to this court by appeal.

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Appeal from the County Court of Lake county; the Hon. D. L. Jones, Judge, presiding. The county court of Lake county confirmed special assessments levied by the city of Waukegan for the purpose of defraying the expense of paving a part of Water street, in that city, and appellant, who was the owner of certain of the property against which the said assessments were confirmed, has brought the proceeding to this court by appeal. The assessment proceeding is in virtue of an act entitled “An act concerning local improvements,” approved June 14, 1897. (Laws of 1897, p. 101; Hurd’s Stat. 1897, p.…

1Opinion of the CourtJustice Boggs

The objections interposed by the appellant were well grounded and should have been sustained. The act upon which the proceeding is based directs the creation of a board of local improvements, and provides that all ordinances for local improvements to be paid for by special assessments or special taxation shall originate with the board; but section 4 of the act expressly provides that in cities, towns or villages having a population of less than 25,000 no ordinance for making" any local improvement shall be adopted unless the owners of a majority of the property in any one or more contiguous…

2Cited by6 opinions

  1. City of Lincoln v. HartsIllinois Supreme Court · 1911
  2. Ogden v. City of ChicagoIllinois Supreme Court · 1906
  3. People v. South Platte Water Conservancy DistrictSupreme Court of Colorado · 1959
  4. Hill v. MayhofferSupreme Court of Colorado · 1959
  5. Scanlan v. SchwabAppellate Court of Illinois · 1902

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