Union Building Ass'n v. City of Chicago

Citations

• 61 Ill. 439

Syllabus

<p>1. Void assessment—makes void all proceedings dependent upon it. The city of Chicago made an original assessment Avhicli Avas declared void. A second assessment to make up its deficiencies is also void.</p> <p>2. Excessive levy void. If, after the completion of a Avork, a levy is made in gross excess of the ascertained cost, it is fraudulent.</p> <p>3. Official oath. If commissioners are sworn to perform a particular duty, and they proceed to acts not authorized by law nor Avithin the scope of their oaths, their acts are unlawful and their proceedings void.</p> <p>4. Unlaavfol assessment—effect of payment of. Owners of property having paid assessments which are subsequently set aside, can not recover it back, such payment being deemed in laiv voluntary.</p> <p>5. Remedy-—can not he restricted to particular proceedings. Courts Avill not impute to the legislature the intention of nullifying the judgments and decrees of courts of general jurisdiction in advance, when it would be beyond the constitutional power of that body to do so after they were made; and especially in relation to statutory proceedings to divest the citizen of his property without his consent by confining the citizen to a particular mode of seeking his remedy.</p> <p>6. Unconstitutional law—can not be executed by the courts. If the legislature has prescribed a mode for making a statutory proceeding effectual which is unconstitutional, the courts have no authority to reject that mode and adopt a different one. The legislature must provide the correction.</p>