Illinois Central Railroad v. City of Kankakee
Illinois Supreme Court
Appeal from the County Court of Kankakee county; the Hon. John Small, Judge, presiding. On December 18, 1895, appellee, the city of Kankakee, passed an ordinance providing for the improvement, by paving, curbing, etc., of that part of East avenue lying between Court street on the north and Hickory street on the south, to be paid for by a special assessment upon realty specially benefited thereby, so far as the same could be legally assessed, and the balance by general…
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Appeal from the County Court of Kankakee county; the Hon. John Small, Judge, presiding. On December 18, 1895, appellee, the city of Kankakee, passed an ordinance providing for the improvement, by paving, curbing, etc., of that part of East avenue lying between Court street on the north and Hickory street on the south, to be paid for by a special assessment upon realty specially benefited thereby, so far as the same could be legally assessed, and the balance by general taxation. The part of East avenue involved in this controversy adjoins and runs parallel with the right of way of the railroad…
1Opinion of the CourtJustice Wilkin
On the trial.below appellant submitted to the court thirteen written propositions of law, embodying the law relating to special assessments, all of which the court held except the tenth, which is:
“That under the law and evidence said real property of said company assessed for said improvement will not be specially benefited thereby.”
That the railroad right of way relatively situated is assessable for special benefits arising from local street improvements is settled by repeated decisions of this court. (Kuehner v. City of Freeport, 143 Ill. 92; Rich v. City of Chicago, 152 id. 18, and cases…
2Cases cited1 opinion
- Kuehner v. City of FreeportIllinois Supreme Court · 1892
3Cited by1 opinion
- City of Kankakee v. Illinois Central RailroadIllinois Supreme Court · 1913