150 N.E. 241 | Ill. | 1925
The city of Chicago Heights filed its petition for the confirmation of a special assessment under an ordinance adopted by the council for the construction of a re-enforced concrete bridge at the intersection of Sixteenth street and Thorn creek, together with sidewalks on each side, which the ordinance provided was to be paid for by special assessment. Appellees filed objections to the assessment, which were sustained and the petition dismissed. The city prosecutes this appeal.
The facts are stipulated, and the only question presented is whether the improvement is a local improvement.
The district assessed is bounded on the east by the Chicago and Eastern Illinois railroad right of way and on the west by the western limits of the city. The north boundary is Fourteenth street, and the south boundary is irregular and extends west to the city limits. It is stipulated the *412 district sought to be assessed is about sixteen per cent of the total area, in square feet, of the city. Sixteenth street extends from Euclid avenue on the east to the west limits of the city, and when the bridge is built and the street opened up will form a thoroughfare from the east to the west limits. Fourteenth street is two blocks north of Sixteenth street and is the only thoroughfare from the east to the west limits in the city. There is no crossing at Fifteenth street over the right of way of the Chicago and Eastern Illinois railroad. Fourteenth street crosses the right of way by a subway under the tracks. The estimated cost of the improvement was $12,236.45, and the proposed assessment varied in amount from twelve cents per front foot to $.2316 per front foot. It was stipulated that property along Sixteenth street, both east and west of the creek, is specially benefited to a greater degree than other property in the district, and to a lesser degree the property on the north and south streets and intersecting streets in said district is benefited.
Counsel on both sides agree that the court, in dismissing the petition on the ground that it was not a local improvement, was governed by the decision of this court in City of Waukegan v.DeWolf,
The bridge, when constructed, in this case will form a part of Sixteenth street. That street runs parallel to Fourteenth and Fifteenth streets, and there are bridges upon those streets. Fifteenth place runs east and west and is between Sixteenth and Fifteenth streets. Counsel for appellant admit property north of Fifteenth place would not be damaged if no bridge were ever constructed on Sixteenth street, as the property north of Fifteenth place is served by the bridges on Fourteenth and Fifteenth streets. All the property, however, north of Sixteenth street is included in the assessed district.
Counsel for appellant contend the Waukegan case, supra, was modified or the definition of "local improvement" expanded inCity of Chicago v. Farwell,
The judgment is affirmed.
Judgment affirmed.