Thorn v. West Chicago Park Commissioners

Citations

• 130 Ill. 594
• 22 N.E. 520

Syllabus

<p>1. Special assessments—objections to confirmation—withinwhat time-to be filed. Notwithstanding the act of 1871 provides that all objections-to the confirmation of special assessments shall be filed in writing in the court at least three days before the time fixed for the application for judgment, the court, in the exercise of the large discretion given by the act, may, for any sufficient cause appearing, permit objections, to be filed at any time before the hearing.</p> <p>2. Same—confirmation of park assessments—by what court. An application by park commissioners for judgment of confirmation of special assessments made by them for the purpose of making a boulevard, is properly made to the circuit court, under the act of 1871.</p> <p>3. Same—park assessments—appropriating streets for boulevard purposes—conditions thereto, etc. Section 1 of the act of 1879, as amended in June, 1885, gives the boards of park commissioners power to take and select connecting streets only upon three express conditions or limitations : First, the streets so taken shall lie within the district or territory the property of which shall be taxable for the maintenance of such park ; second, the consent of the corporate authorities having the control of any such street must be obtained; and third, the consent, in writing, of the owners of a majority of the frontage of the lots and lands abutting on such street or streets shall first be obtained.</p> <p>4. The fact that park commissioners seeking to select and take a public street have first obtained,the consent, in writing, of a majority of the owners of lots abutting on such street, is necessary to their jurisdiction to assume control of such street. The burden of proof rests upon such board to establish, prima facie, at least, the jurisdictional facts, before asking a judgment confirming special assessments levied by them.</p> <p>5. The West Chicago Park Commissioners, claiming to have obtained the consent, in writing, of the owners of a