Louisville & Nashville Railroad v. City of East St. Louis

Citations

• 134 Ill. 656

Syllabus

<p>1. Special assessments—local improvement—what to be so considered—who shall determine. The statute does not define what shall.be •considered a local improvement. That question is left solely to me determination of the city councils or village boards. Their decision as to the utility of an improvement upon streets, and whether it is to be treated as a local improvement for the purpose of raising funds by special assessments to pay for it, is final, in the absence of fraud.</p> <p>2. A street improvement may be treated as a local improvement, and paid for by special assessments, although it may not benefit abutting property. A special assessment may be made on property benefited by the improvement, whether it is abutting and contiguous to the improvement or not. The question in every case is, will the property ■assessed be specially benefited by the proposed improvement.</p> <p>3. Same—/or viaduct in a public street. A city council has the power, under section 62, article 5, chapter 24, of the Bevised Statutes, to construct a viaduct in a public street by special assessment.</p> <p>4i The fact that a viaduct over railway tracks in the street is proposed to be extended across a creek, will not necessarily render a proceeding to build the same by special assessment invalid. In this case, in determining to construct a viaduct in a street over certain railway tracks, it was found impossible to construct such way, with a proper •approach, without extending the structure across a creek near by; and it appeared that the cost of a suitable viaduct at that place would not be increased by reason of its extension over the creek. The improvement as so proposed to be made, might well be the basis of a special •assessment.</p> <p>5. Same—description of improvement—by reference in ordinance to plans, etc.. An ordinance for a local public improvement may refer to plans, profiles and specifications attaóhed thereto, for a more full and •complete description of the nature, kind and