Legal Opinion

City of Bloomington v. Latham

Illinois Supreme Court

Decided November 2, 1892PublishedCited by 6 opinions

Appeal from the County Court of McLean county; the Hon. Colostine D. Meyebs, Judge, presiding. This is a petition, filed in the County Court of McLean County on November 19, 1891, by the City of Bloomington, for the appointment of commissioners to assess the special taxes to pay for the opening and extension of an alley in a block in that city, “including compensation for property taken, or damaged, if any, or both, and the cost of an assessment of a special tax to pay…

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Appeal from the County Court of McLean county; the Hon. Colostine D. Meyebs, Judge, presiding. This is a petition, filed in the County Court of McLean County on November 19, 1891, by the City of Bloomington, for the appointment of commissioners to assess the special taxes to pay for the opening and extension of an alley in a block in that city, “including compensation for property taken, or damaged, if any, or both, and the cost of an assessment of a special tax to pay therefor, and of the collection of the same, and of condemnation proceedings,” etc. On the same day commissioners were…

1Opinion of the CourtJustice Magp.uder

It is assigned as error, that the county court sustained the objections to the confirmation of the assessment. One of the objections so sustained is, that this proceeding is in violation of section 13 of article 2 of the constitution. That section, which is a part of the bill of rights, provides, that “private property shall not he taken or damaged for public use without just compensation.”

Section 2 of Article 9 of the City and Village Act directs, that, where the city or village provides by ordinance for the making of any local improvement, it shall by the same ordinance prescribe whether…

2Cases cited11 opinions

  1. People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
  2. Sage v. . City of BrooklynNew York Court of Appeals · 1882
  3. Genet v. . City of BrooklynNew York Court of Appeals · 1885
  4. Town of Macon v. PattyMississippi Supreme Court · 1879
  5. White v. People ex rel. City of BloomingtonIllinois Supreme Court · 1880

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3Cited by6 opinions

  1. Hawes v.City of ChicagoIllinois Supreme Court · 1895
  2. Leopold v. City of ChicagoIllinois Supreme Court · 1894
  3. City of Chicago v. MecartneyIllinois Supreme Court · 1905
  4. People ex rel. Gish v. Lake Erie & Western RailroadIllinois Supreme Court · 1910
  5. Waggeman v. Village of North PeoriaIllinois Supreme Court · 1895

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