South Park Commissioners v. Chicago, Burlington & Quincy Railroad
Illinois Supreme Court
Appeal from the Appellate Court for the Eirst District;— heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was a proceeding instituted in the circuit court of Cook county, by appellants, for the apportionment of an assessment for improving Michigan avenue, in the city of Chicago.
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Appeal from the Appellate Court for the Eirst District;— heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was a proceeding instituted in the circuit court of Cook county, by appellants, for the apportionment of an assessment for improving Michigan avenue, in the city of Chicago. The authority under which appellant acted was derived from an act of the General Assembly, entitled “An act to enable park commissioners or corporate authorities to take, regulate, control and improve public streets leading to public parks, and…
1Opinion of the CourtJustice Mulkey
It is apparent from the foregoing statement, the only question presented for determination is, whether “the right of way of occupancy, franchises, property and interests of” the appellee, in Michigan avenue, are, within the meaning of the acts above cited, “contiguous property abutting upon such avenue,” for no other description of property is authorized to be assessed. It does seem to us the very statement of this question furnishes its own solution. It is clear that nothing but some tangible object or thing can, with propriety, be said to abut on a street or avenue, and it is not pretended…
2Cited by14 opinions
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- Atlantic Coast Line Railroad v. City of GainesvilleSupreme Court of Florida · 1922
- Indianapolis & Vincennes Railway Co. v. Capitol Paving & Construction Co.Indiana Court of Appeals · 1899
- Northern Pacific Railway Co. v. Richland CountyNorth Dakota Supreme Court · 1914
- Detroit, Grand Haven & Milwaukee Railway Co. v. City of Grand RapidsMichigan Supreme Court · 1895
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