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People Ex Rel. Mccarthy v. Firek

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eBook details

  • Title: People Ex Rel. Mccarthy v. Firek
  • Author : Supreme Court of Illinois
  • Release Date : January 24, 1955
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

In 1951 the General Assembly amended the act of 1936 relating to sanitary districts by providing for a referendum to determine
whether or not a district organized under the act should be dissolved. (Ill. Rev. Stat. 1951, chap. 42, pars. 444-447.) Thereafter,
in October of 1951, pursuant to a petition filed in the county court of Cook County under the amended act an election was
held to determine whether the Norwood Park Sanitary District should be dissolved. The vote was in favor of dissolution, and
on December 5, 1951, the judge of the county court entered an order declaring the district dissolved, directing the incumbent
trustees to wind up the affairs of the district, and ordering that no new obligations be incurred. On March 12, 1954, several
voters, taxpayers, and owners of real estate residing within the district filed a petition in the circuit court of Cook County
for leave to file a complaint in quo warrantor against the trustees. The petition alleged that despite the order of dissolution
the trustees of the district had continued to operate it as a going corporation, and that the Attorney General and the State's
Attorney of Cook County, although requested to institute quo warrantor proceedings, had failed to do so. The circuit court granted the petition, and the case was tried on a stipulation that the defendants had continued to levy
taxes and to carry on the affairs of the district in the same manner as before the dissolution proceedings. The defendant
trustees have appealed from a judgment ousting them from office and fining each of them one dollar. A franchise and the validity
of a statute are involved. People ex rel. Samuel v. Cooper, 139 Ill. 461.


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