Gregsten v. City of Chicago

Citations

• 145 Ill. 451
• 34 N.E. 426

Syllabus

<p>1. Municipal Corporations—use of streets for private-use. It is the general doctrine that municipalities, under the power of exclusive control of their streets, may allow any use of them consistent with the public objects for which they may be held.</p> <p>2. Same—contract—for -use of vaults, etc., -under streets and alleys. A city under special legislative authority, as well as its general powers, may grantpermits for and regulate the building of vaults under the streets, alleys and sidewalks, and require such compensation for the privilege as it may deem reasonable and just, when such permits relate solely to such use of the alleys, etc., as is in no wise inconsistent with their use by the public; and such permit when accepted and acted on by the holder by making costly improvements required, will constitute a contract between the city and such holder irrevocable at the mere will of the city.</p> <p>3. Same—approval of permits to excavate under alley presumed by long user. The approval by the city council of a permit of the board of public works, to one to construct a vault under an alley, may be inferred by the acts of the holder of such permit, in excavating the earth and making a costly vault, and the use and occupation of the same for about twenty years, without objection on the part of the city. Especially will this be so, when it is shown that the occupancy under the permit inured to the benefit of the city, which it received with knowledge of the right claimed by the occupant.</p> <p>4. Same—consideration for grant of permit to excavate vault in alley. A party, by a permit issued by city authorities, was granted the right to build, maintain and use a vault under an alley in connection with his building to be erected on the lot. He and his representatives were required to keep the alley forever in repair, and save and keep harmless the city from all loss or damages by reason of its ever being out of repair, and he was not to be charged with a tax as rent