Legal Opinion

People ex rel. Burke v. Mayor of Bloomington

Illinois Supreme Court

Decided January 15, 1872PublishedCited by 13 opinions

Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an application to the court below, by William Burke and others, for a writ of mandamus to compel the mayor and city council of the city of Bloomington to remove houses, fences, and other obstructions, from Lumber street in said city.

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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an application to the court below, by William Burke and others, for a writ of mandamus to compel the mayor and city council of the city of Bloomington to remove houses, fences, and other obstructions, from Lumber street in said city. The court, at its September term, 1869, awarded an alternative writ directed “ To the Mayor and City Council of the City of Bloomington, Illinois,” returnable to the next term of the court. At a subsequent term of the court, the defendants filed a general…

1Opinion of the CourtJustice Sheldon

It is prima fade the duty of the mayor and city council of the' city of Bloomington to keep the streets of the city free from obstructions. The charter gives the city council full power to keep in repair the streets, and to provide for keeping them in repair, and to prohibit obstructions therein. This power is granted to be exercised for the public benefit, and its execution can be insisted on as a duty. City of Bloomington v. Bay, 42 Ill. 503 ; Chicago City v. Robbins, 2 Black, 418.

This power having been given to the city council, and the charter providing that the mayor shall preside at its…

2Cases cited2 opinions

  1. Chicago City v. RobbinsSupreme Court of the United States · 1863
  2. City of Bloomington v. BayIllinois Supreme Court · 1867

3Cited by13 opinions

  1. State ex rel. Winterburg v. DemareeIndiana Supreme Court · 1881
  2. People ex rel. Kelly v. RaymondIllinois Supreme Court · 1900
  3. Wren v. City of IndianapolisIndiana Supreme Court · 1884
  4. State ex rel. Cutter v. KammanIndiana Supreme Court · 1898
  5. Olson v. HonettSupreme Court of Minnesota · 1916

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