Legal Opinion

Wagner v. City of Rock Island

Illinois Supreme Court

Decided June 19, 1893PublishedCited by 90 opinions

Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Bock Island county; the Hon. John J. Glenn, Judge, presiding.

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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Bock Island county; the Hon. John J. Glenn, Judge, presiding. This was a bill in chancery, brought by George Wagner against the city of Bock Island, to have a certain ordinance ■of the city fixing the rates or taxes to be paid by persons using water from the city water works held invalid and set aside, and for an accounting as to the water rates or taxes justly payable by the complainant, and also for an injunction restraining the city and its officers from shutting off the…

1Opinion of the CourtJustice Bailey

As we understand the bill, the complainant bases his right to the relief prayed for upon two grounds, (1) that the ordinance of March 18, 1889, provides for the imposition and collection Of water rates and taxes in excess of the actual cost of maintaining and operating its water works, and is therefore unjust, oppressive and unreasonable; and (2) that the provisions of the ordinance are unjustly and unequally enforced, so as to compel the complainant to pay more than his just proportion of the water rates or taxes collected by the city.

It will be noticed, as bearing upon the first of these…

2Cases cited1 opinion

  1. Provident Institution for Savings v. Mayor of Jersey CitySupreme Court of the United States · 1885

3Cited by90 opinions

  1. Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
  2. Shirk v. Lancaster CitySupreme Court of Pennsylvania · 1933
  3. Illinois Glass Co. v. Chicago Telephone Co.Illinois Supreme Court · 1908
  4. People Ex Rel. County of Du Page v. SmithIllinois Supreme Court · 1961
  5. State ex rel. White v. BarkerSupreme Court of Iowa · 1902

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