City of Aurora v. Meyer

The circuit court of Kane County, after a hearing, entered an order authorizing the city of Aurora to demolish a building situated at 116 East New York Street on the basis that it was in a dangerous and unsafe condition. One of the owners (herein called defendant) appeals, contending that the statute purporting to provide for such action is unconstitutional and that the finding is against the manifest weight of the evidence.

The city urges at the outset that the issue of constitutionality was not raised in the trial court so as to entitle the defendant owner to argue it here, that the appeal…