Legal Opinion

City of Chicago v. Stratton

Appellate Court of Illinois

Decided May 16, 1895PublishedCited by 1 opinion

Debt, for the violation of an ordinance. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the March term, 1895. Statement of the Case. This suit was brought under a section of the building ordinance, and is to recover the penalty for a violation of the ordinance.

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Debt, for the violation of an ordinance. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the March term, 1895. Statement of the Case. This suit was brought under a section of the building ordinance, and is to recover the penalty for a violation of the ordinance. The section of the ordinance is as follows: “ Sec. 49. It shall not be lawful for any person to locate, build, construct or keep in any block in which two-thirds of the buildings are devoted to exclusive residence purposes, a livery, boarding or sale stable, gas house, gas…

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the Court.

It is urged that the ordinance of the city is not a direction as to the location of livery stables, but a delegation of power to property owners to permit such location.

The ordinance is a direction that no livery stable, gas house, etc., shall be located in any block in which two-thirds of the buildings “are devoted to exclusive residence purposes,” unless the owners of a majority of the lots in such block fronting or abutting on the street, shall consent.

In effect the ordinance is, by non-action, a recognition that in other…

2Cases cited8 opinions

  1. The Cargo of the Brig Aurora, Burn Side v. The United StatesSupreme Court of the United States · 1813
  2. Tugman v. City of ChicagoIllinois Supreme Court · 1875
  3. State v. ParkerSupreme Court of Vermont · 1854
  4. City of Brooklyn v. . BreslinNew York Court of Appeals · 1874
  5. City of East St. Louis v. WehrungIllinois Supreme Court · 1869

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3Cited by1 opinion

  1. People ex rel. Ferris Wheel Co. v. SwiftAppellate Court of Illinois · 1895

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