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eBook details

• Title: Peo. Ex Rel. Dryer Co. v. City of Chicago
• Author : Supreme Court of Illinois
• Release Date : January 20, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

This is an appeal from a judgment of the superior court of Cook County directing that a writ of mandamus issue to compel the
city of Chicago, its mayor, aldermen, and various other officials to change the name of Pulaski Road to Crawford Avenue. Divers
constitutional issues which were raised, passed upon by the trial court and properly preserved for review, give this court
jurisdiction of a direct appeal. Taking judicial notice of our records, we find that in April, 1935, this court was called upon to determine the validity
of the ordinance enacted by the city council of Chicago by which the name of Crawford Avenue was changed to Pulaski Road.
(Hagerty v. City of Chicago, 360 Ill. 97.) At that time section 23 of article V of the Cities and Villages Act, (Ill. Rev.
Stat. 1935, chap. 24, par. 65(23),) article V being that which defined the powers of a city council, exclusively conferred
the power of naming streets on city councils in this language: "To name and change the name of any street, avenue, alley
or other public place." Construing this statute in the Hagerty case, we held that the naming of streets was a legislative
function and that where the General Assembly had delegated such power to municipalities, courts could not disturb the exercise
of such power on the ground that the exercise was unreasonable. The case also held that property owners along the street do
not have a vested property right in the name of the street.

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