Le Moyne v. West Chicago Park Commissioners

Citations

• 116 Ill. 41

Syllabus

<p>1. Special assessment—by park commissioners under the act of 1869 —notice of application for confirmation. Under section 13 of “An act to amend the charter of the city of Chicago, to create a board of park commissioners, and authorize a tax in the town of West Chicago, and for other purposes, ” approved February 27, 1869, the notice of the application for confirmation of the assessments on property benefited is not required to be published three times for three successive weeks. Section 4, chapter 3, of the Revised Statutes, has no application, as the number of publications is specified in section 13 of the act of 1869, it being ten days in three daily newspapers, and by posting, etc., before the application.</p> <p>2. Same—waiver of objections to confirmation. Where the owner of land which has been assessed for benefits, under the act mentioned and the act supplementary thereto, fails to make his objections to the confirmation of the assessment, either before the park commissioners or in the circuit ■ court, he will be deemed to have waived his rights in that regard, and can not afterwards interpose such objections in the county court on an application for judgment.</p>