Hesing v. Scott

Citations

• 107 Ill. 600
• 1883 Ill. LEXIS 302

Syllabus

<p>1. Chanceby—when it will enjoin public authorities from vacating a street. A bill to enjoin tbe closing up and obstructing of a public street, under an order of the city council vacating the same, which fails to allege that the vacation wiil impose the slightest additional burthen or tax on the complainant, or that he will be in any other wise injured or suffer the slightest inconvenience or loss, is fatally defective, and obnoxious to a demurrer. ,</p> <p>2. Unless a party is liable to sustain some special injury different from that of all other tax-payers, or others in the vicinity, by the vacation of a public street, he can not maintain a bill to enjoin the vacation.</p> <p>3. Munioipaii cobpobations—enjoined from abuse of taxing power and misapplication of public funds. The courts of this State will restrain the abuse of the taxing power by municipalities, when exercised without charter power, or for purposes not warranted, or the expenditure of corporate funds for purposes not authorized; and it may be the courts would interfere where the corporation is endeavoring to squander corporate funds in violation of its charter powers, where it will unnecessarily increase the burthens of taxation.</p>