McCormick v. South Park Commissioners

Citations

• 150 Ill. 516
• 37 N.E. 1075

Syllabus

<p>1. Park commissioners — powers over parks. Tbe act of 1869, relating to parks, invested the park commissioners with powers, generally, at least, as full and exclusive in regard to tbe parks as those conferred upon and possessed by tbe city council of Chicago in respect to public squares and places in tbe city, each bolding by tbe same kind of tenure, in relation to tbe respective subjects matter there referred to, tbe one clothed with powers identical in extent with those vested in tbe other.</p> <p>2. Same — control of streets leading to parks. Prior to the act of 1879, park commissioners were not vested with authority to acquire the management and control of public streets leading to parks. Tbe city held tbe fee in tbe streets in trust for tbe public, and bad no power to surrender a street to tbe park commissioners or other person or body.</p> <p>3. By this act power was conferred upon park commissioners to take and accept public streets of a city connected with parks, and to assume tbe management and control of tbe same, and power was given city authorities to consent thereto, and to surrender the same to tbe park boards, regardless of where tbe fee therein might be lodged.</p> <p>4. Same — powers as to encroachments on streets. After the park commissioners have, by tbe consent of tbe city authorities, acquired the control of streets leading to their park, they may jn’ohibit the erection of a balcony which encroaches upon such street, and tbe city council will have no power to license such encroachment.</p> <p>5. Same — limit and extent of powers. Tbe authority of tbe park commissioners ceases at tbe line on either side of tbe street. As tó tbe character, height or dimensions of buildings, or of what materials they shall be constructed, along tbe line of tbe street, they have no control; but so far as the street proper is concerned, they have tbe same power as is vested in them of and concerning tbe parks, boulevards and driveways under their control, subject