City of Chicago v. Stratton

44 N.E. 853 (1896)

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City of Chicago v. Stratton

Illinois Supreme Court
44 N.E. 853 (1896)

Facts

The City of Chicago (the city) (plaintiff) filed a lawsuit against certain individuals who maintained a livery, boarding, and sale stable within the city (the stable owners) (defendants). A city ordinance prohibited the operating of a livery, boarding, and sale stable on any residential city block within 200 feet of any residence unless the majority of the homeowners on the block consented in writing. The stable owners acknowledged that their stable was located on a residential block and that they did not obtain consent from a majority of the homeowners on the block. The city sued the stable owners to collect a fine for violation of the city ordinance. The trial court ruled that the ordinance was invalid and ruled in favor of the stable owners. The appellate court affirmed the trial court’s ruling. The city once again appealed.

Rule of Law

Issue

Holding and Reasoning (Magruder, J.)

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