Village of Des Plaines v. Poyer

Citations

• 123 Ill. 348

Syllabus

<p>1. Municipal corporation—of the right to declare what are nuisances. The power given by law to incorporated cities and villages to declare what shall be a nuisance, does not authorize a village to declare that a nuisance which is not such in fact.</p> <p>2. Same—power to declare picnics and open air dances nuiscmces. Public picnics and open air dances are not, in their nature, nuisances, and can not be so declared by ordinance. The manner of conducting them may be productive of annoyance and injury to the public, and since the nuisance must consist in this, an ordinance should be directed thereto. The question whether they are so conducted as to become a nuisance, must be settled as one of fact, and not of law.</p>