Parker v. Catholic Bishop

Citations

• 146 Ill. 158
• 34 N.E. 473

Syllabus

<p>1. Municipal corporation—powers in respect to streets and alleys— vacation. A municipal corporation holds the streets and alleys of the city in trust for the general public, and, by the statute, is given power to vacate the same whenever the public interest or convenience, in the exercise of a reasonable discretion, shall seem to such authority to require it.</p> <p>2. Same—power to vacate street. It can make no difference, as to the power of a city to vacate a street or alley, whether the fee remains in the city, reverts to the original dedicator, or passes by operation of law to the adjoining owners. Nor will the fact that the use of the alley or street passes to a private individual or corporation, necessarily render it an exercise of power for a private and not for a public purpose.</p> <p>3. Same—Viability for vacating street or alley. A party, to maintain an action at law or in equity for the improper vacation or closing of a street or alley, must show that he received special injury or damages, differing in kind from those affecting the general public. This is the gist of the right of private action, and to give one complaining any standing, either in equity or at law, must be alleged and shown.</p> <p>4. Same—damages for the vacation of street or alley. Discretion is vested in the municipal authorities to determine, in the first instance, whether the property in the near vicinity of the street or alley will or will not be damaged by the proposed vacation or closing of the street or alley. If they find that the property will be specially damaged by the proposed vacation or closing, they should proceed to ascertain and pay the same, as was done in Meyer v. Teutopolis, 131 Ill. 552. If they find that no damage will result to the property by their proposed action, they may, by ordinance passed in conformity with the statute, vacate or close such street or alley.</p> <p>5. It will be presumed that when property is damaged by the proposed vacation or closing of