People ex rel. Thatcher v. Village of Hyde Park

Citations

• 117 Ill. 462
• 6 N.E. 33

Syllabus

<p>!• Mandamus—to compel the doing of an unlawful act—as, in the malt-¿”0 of a special assessment after the proper time has elapsed. A writ of mandamus will not be awarded for the performance of an act which for any reason has become unlawful to be performed. So the writ will not be allowed to compel village authorities to make special assessments to pay judg™en*s condemnation when more than five years have elapsed after dismissal of the proceedings. r &</p> <p>2. Same—demand of performance—whether necessary. The writ will not be granted to compel the corporate authorities of a village or other body to do an act it has never been asked to do. The petition should show a demand for performance of the act, and a refusal.</p> <p>3. Same—as to discretionary matters—as, the malting of a special assessment, or incurring municipal indebtedness. The propriety of making special assessments by village authorities is a matter, exclusively within their legislative discretion, and so is the propriety of their contracting corporate indebtedness; and such discretion will not be interfered with by the courts.</p> <p>' The courts will never compel them to contract an indebtedness for any purpose.</p> <p>4. Opening streets—necessity for an ordinance. No street can be opened except under an enabling ordinance, and without such ordinance there can be no condemnation of property for public use by a city or village.</p> <p>5. Same—opening or widening streets by sections. A street may be widened or opened by sections. Therefore, the repeal of an ordinance for the laying out and opening of a street, except as to lands taken possession of for public purposes, is not a vacation of the entire street, as proposed, but only the part not in fact opened.</p> <p>6. Same—taxation for local improvements—discretion as to the mode. The mode of making local improvements, as, opening streets, is a matter of discretion with the municipal authorities, not subject to judicial control.. They may be paid for