City of Peoria v. Kidder
Illinois Supreme Court
Kidder filed his bill in the Peoria Circuit Court for an injunction to restrain the city from collecting an assessment made upon a certain lot in Peoria, to pay damages occasioned by opening a street. The bill states that the city was incorporated on the 2nd December, 1844. by a special act. That on the 12th February, 1855, the charter was amended, and a law passed providing for the opening streets, etc., in the city ; which act is substantially set out in the' bill.
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Kidder filed his bill in the Peoria Circuit Court for an injunction to restrain the city from collecting an assessment made upon a certain lot in Peoria, to pay damages occasioned by opening a street. The bill states that the city was incorporated on the 2nd December, 1844. by a special act. That on the 12th February, 1855, the charter was amended, and a law passed providing for the opening streets, etc., in the city ; which act is substantially set out in the' bill. Section 1. That the city council of the city of Peoria shall have power to open, lay out, alter, abolish, widen, extend,…
1Opinion of the CourtWalker, J.
The first objection urged is, that the law authorizing the city to levy an assessment, to make compensation for injury sustained by opening a street, is repugnant to our constitution. The provisions of that instrument, which declare and regulate the taxing power, are referred to as sustaining this position. In answer to the objection it is enough to say, that it is the established doctrine of this court, that assessments of this character are not taxes. It is not, therefore, embraced in or regulated by the provisions of the constitution, to which reference has been made. The constitution has…
2Cases cited1 opinion
- McBride v. City of ChicagoIllinois Supreme Court · 1859
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