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· 6/15/1891

Leitch v. Village of LaGrange

Citations

  • 138 Ill. 291
  • 27 N.E. 917

Syllabus

<p>1. Special assessments—/arm land—when subject to. Farm lands in a village will be benefited by the construction of a sewer near the same, if its construction will increase their value for any use for which the; property is adapted. If such lands for agricultural uses are worth $100> an acre, and will bring from $400 to $1000 an acre for suburban residences, with a sewer which is capable, with laterals, of draining the territory, the lands will be benefited.</p> <p>2. Local imps o vement—how paid for—power of municipal authorities. The statute gives to village authorities the exclusive power to determine whether a proposed local improvement shall be made by special assessments, by special taxation or by general taxation, or in part by special assessments or special taxation and in part by general taxation.</p> <p>3. Where a public local improvement is ordered to be made in part by special assessments and in part by general taxation, on a proceeding to confirm the special assessments it will be wholly immaterial what proportion of the total cost will benefit the public. The courts have no power to review the determination of the local authorities in respect to that matter.</p>

Judges: Baker

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