Brush v. City of Carbondale

Citations

• 78 Ill. 74

Syllabus

<p>1. Injunction—from tewing wp sidewalk and replacing same by city. A bill to enjoin city authorities from tearing up a sidewalk in front of complainant’s premises and replacing the same by a new one, on the ground that, with slight repairs, the old one would answer for several years, and the change would burden the citizens with heavy taxes and assessments, which fails to show whether the city is incorporated, and makes no reference to its charter, is clearly.defective and obnoxious to a demurrer.</p> <p>2. Chancery jurisdiction—remedy at law. A court of equity will not restrain a city and its officers from performing an act which is illegal and unwarranted by law, on the ground that it will necessitate a levy of heavy taxes or special assessments, as the party complaining has an ample remedy at law. In such a case, the tax or assessment will be illegal and void, and its payment can be resisted at law.</p> <p>3. Municipal corporation—when courts will interfere with the exercise of discretionary powers. A city incorporated under the general law has a large discretion as to the opening, grading and repairing of streets and sidewalks, in respect to the time, manner and cost of the same, in the exercise of which its power will not be controlled by the courts, unless there is great abuse operating oppressively upon individuals.</p> <p>4. Where persons or officers are acting within well recognized powers, or exercising a discretionary power, a court of equity has no jurisdiction to interfere, unless the power or discretion is being manifestly abused to the oppression of the citizen.</p>