Legal Opinion

City of Chicago v. Bassett

Illinois Supreme Court

Decided February 19, 1909PublishedCited by 3 opinions

Appeal from the County Court of Cook county; the Hon. D. T. Smiley, Judge, presiding. On May 13, 1908, the city of Chicago filed a petition in the county court of Cook county for a special assessment for the construction of a cinder sidewalk along a portion of West Addison street, in that city. To the petition Laura Louise Bassett and Marshall S. Marsh, the appellees, filed objections, certain of which were sustained and as to appellees the petition was dismissed.

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Appeal from the County Court of Cook county; the Hon. D. T. Smiley, Judge, presiding. On May 13, 1908, the city of Chicago filed a petition in the county court of Cook county for a special assessment for the construction of a cinder sidewalk along a portion of West Addison street, in that city. To the petition Laura Louise Bassett and Marshall S. Marsh, the appellees, filed objections, certain of which were sustained and as to appellees the petition was dismissed. To review that judgment the city has prosecuted this appeal. Attached to the petition was a copy of the ordinance passed by the…

1Opinion of the CourtJustice Scott

This was a special assessment proceeding in which there was no public hearing. Appellant’ acted on the theory that the improvement came within the proviso to paragraph 513 of chapter 24, Hurd’s Revised Statutes of 1908, which dispenses with a public hearing and certain other preliminary matters in proceedings for constructing sidewalks. Appellees’ contention is that the improvement was something more than a sidewalk, as it included a wooden curb and a berm on each side of the walk, and that a public hearing was therefore necessary. Where the surface of the cinders is to be above the surface…

2Cited by3 opinions

  1. City of Chicago v. EdensIllinois Supreme Court · 1913
  2. Village of Homewood v. GrannissIllinois Supreme Court · 1914
  3. City of Chicago v. LambIllinois Supreme Court · 1914

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