Clark v. City of Chicago
Illinois Supreme Court
Appeal from the County Court of Cook county; the Hon. W. L. Pond, Judge, presiding. On May 28, 1906, the city council of the city of Chicago passed an ordinance providing that Elston avenue, from the north-easterly line of Milwaukee avenue to a line parallel with and 215 feet south-east of the south line of West Division street, (except the roadway of Elston avenue from a line parallel with and 60 feet south of the south line of Augusta street produced east to the north line…
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Appeal from the County Court of Cook county; the Hon. W. L. Pond, Judge, presiding. On May 28, 1906, the city council of the city of Chicago passed an ordinance providing that Elston avenue, from the north-easterly line of Milwaukee avenue to a line parallel with and 215 feet south-east of the south line of West Division street, (except the roadway of Elston avenue from a line parallel with and 60 feet south of the south line of Augusta street produced east to the north line of Cornell street produced west,) be improved by adjusting sewers, catch-basins, man-holes, constructing new…
1Opinion of the CourtJustice Vickers
One of the principal objections urged by appellants in this case is, that the ordinance ordering the improvement in question is unreasonable and oppressive, and therefore void. There is no question as to the authority of the courts to review the legislative acts of municipal councils to the extent of declaring their ordinances void for unreasonableness. (City of Chicago v. Rumpff, 45 Ill. 90; Tugman v. City of Chicago, 78 id. 405; Hawes v. City of Chicago, 158 id. 653.) This judicial power will, however, be exercised with great care and caution. This court has been called upon in numerous…
2Cases cited4 opinions
- City of Chicago v. RumpffIllinois Supreme Court · 1867
- Allen v. City of ChicagoIllinois Supreme Court · 1898
- City of Belleville v. PfingstenIllinois Supreme Court · 1907
- Graham v. City of ChicagoIllinois Supreme Court · 1900
3Cited by3 opinions
- City of Batavia v. WileyIllinois Supreme Court · 1930
- City of Chicago v. MarshIllinois Supreme Court · 1911
- City of Highland Park, Special Assessment No. 389 v. Edward Hines Lumber Co.Appellate Court of Illinois · 1970