City of Springfield v. Green

Citations

• 120 Ill. 269

Syllabus

<p>1. Special taxation for local improvements—according to frontage— constitutionality. An ordinance requiring the cost of improving a street or sidewalk to be levied by special taxation upon real estate abutting thereon, in proportion to the frontage of the several lots, under the present constitution is valid.</p> <p>2. Same—as to corner lots—considered as abutting on the several streets by which bounded. It can not be said, as matter of law, that an ordinance requiring lot owners to pay for the improvement of the street or streets by which their lots are bounded, is so oppressive and unjust to the owners of comer lots as to justify the courts in declaring the same void.</p> <p>3. An ordinance of a city for the paving of certain streets, directed that the special tax to defray the cost thereof should be “levied, assessed and collected upon and from the real estate, lots, parts of lots and tracts of land abutting upon the line of said streets so ordered to be paved, in proportion to the frontage thereof upon the streets, or parts of streets, and alleys, ordered to be paved:” Held, that a lot, the side of which was bounded by a street so ordered to be paved, was to be regarded as abutting upon the same, as well as one the end of which was so bounded.</p> <p>4. Same—as to adjoining lot not abutting on the street. Commissioners appointed to assess the cost of improving a street upon the lots abutting on the same, are not authorized to extend their assessment of such a lot upon an adjoining lot of the same owner which is not bounded by the street. Such party’s assessment should be confined to his lot which borders upon the street to be improved.</p> <p>5. Same—ascertainment of benefits—not applicable in cases of special taxation. Where a local improvement is sought to be made by a special assessment, the owners of the property assessed have the right to have the question of benefits passed upon by a jury; but no such right is given in a case of special taxation of cont