Rockford Loan Ass'n v. City of Rockford

13 Citing cases

  1. Federal Farm Mortg. Corp. v. Falk

    67 N.D. 154 (N.D. 1936)   Cited 17 times
    In Federal Farm Mortg. Corp. v. Falk, ante, 341, 270 N.W. 885, ___ A.L.R. ___, this court had occasion to consider the characteristics and status of the hail indemnity tax under the legislative enactment of 1933.

    And where such statute operates prospectively it is not violative of the due process or equal protection of the law clauses of the 14th Amendment to the Constitution of the United States. 12 C.J. Constitutional Law, §§ 910, 733, 744, 1033; Rockford Sav. L. Asso. v. Rockford, 352 Ill. 348, 185 N.E. 623; Provident Inst. for Sav. v. Jersey City, 113 U.S. 506, 28 L. ed. 1102, 5 S. Ct. 612; Dunbar v. New York, 251 U.S. 516, 64 L. ed. 384, 40 S. Ct. 250; Monthly Installment Loan Co. v. Skellet Co. 124 Minn. 144, 144 N.W. 750; Loring v. Commissioner of Public Works, 264 Mass. 460, 163 N.E. 82; East Grand Forks v. Luck, 97 Minn. 373, 107 N.W. 393, 6 L.R.A.(N.S.) 198, 7 Ann. Cas. 1015; Garr, S. Co. v. Clements, 4 N.D. 559, 62 N.W. 640. Ordinarily, however, a statute providing for such lien may not operate retrospectively and a state legislature cannot provide for a lien that will impair the obligations of a contract in existence at the time of the enactment of the statute or that will destroy then existing vested property rights. 12 C.J. §§ 522, 733, 734. "That there is an essential difference in principle between laws which act on past, and those which act on future contracts; that those of the first description can seldom be justified, while those of the last are proper subjects of ordi

  2. In re Estate of Cooper

    125 Ill. 2d 363 (Ill. 1988)   Cited 17 times
    Determining how to enforce a hospital's lien under the Illinois Hospital Lien Act where the settlement is paid through an annuity

    The trial court's deferred enforcement of Cardinal Glennon's lien ignores the purpose of the Hospital Lien Act. Statutory lien provisions such as the Hospital Lien Act are enacted to promote the health, safety, comfort, or well-being of the community. (See Rockford Savings Loan Association v. City of Rockford (1933), 352 Ill. 348, 354.) Many of our sister States have similar hospital lien statutes which are designed to lessen the financial burden that hospitals face in treating nonpaying accident victims.

  3. Peo. ex Rel. Dupage County v. Smith

    21 Ill. 2d 572 (Ill. 1961)   Cited 63 times
    Finding fees are paid pursuant to a contractual relationship, either express or implied, with a unit of government in exchange for such services, property, or improvements

    Taxes are an enforced proportional contribution levied by the State by virtue of its sovereignty for support of the government. ( Wagner v. City of Rock Island, 146 Ill. 139; Rockford Loan Assn. v. City of Rockford, 352 Ill. 348; Zehender Factor, Inc. v. Murphy, 386 Ill. 258.) Service charges, tolls, water rates and the like are, on the other hand, contractual in nature, either express or implied, and are compensation for the use of another's property, or of an improvement made by another, and their amount is determined by the cost of the property or improvement and the consideration of the return which such an expenditure should yield. ( Wagner v. City of Rock Island, 146 Ill. 139; People ex rel. Brockamp v. Schiltz Brewing Co., 261 Ill. 22; People ex rel. Curren v. Schommer, 392 Ill. 17.) The charge is made, not by virtue of the sovereignty of the governmental unit, but in its business or proprietary capacity.

  4. Cocanig v. the City of Chicago

    173 N.E.2d 482 (Ill. 1961)   Cited 2 times

    The only question remaining is whether the plaintiffs pursued the proper remedy, by seeking equitable relief rather than paying the water bill under protest and then suing to recover payment. The defendant cites the cases of Rockford Savings and Loan Association v. City of Rockford, 352 Ill. 348 and City of Chicago v. Northwestern Mutual Life Ins. Co. 218 Ill. 40, in support of its contentions that the only remedy for plaintiffs was to pay the old bill, and then sue to recover. While these cases concern themselves with that type of relief, we do not think it is an exclusive remedy, and we can envisage many circumstances in which it would be impractical.

  5. Baltis v. Village of Westchester

    3 Ill. 2d 388 (Ill. 1954)   Cited 31 times
    In Baltis v. Village of Westchester (1954), 3 Ill.2d 388, 121 N.E.2d 495, the court considered whether Westchester, which received its water from Chicago, was required to furnish water to bordering La Grange Park.

    We also have in mind the equally well-established principle that a municipal corporation owning and operating a water system and selling water to individuals, although engaged in a public service, does so in its business or proprietary capacity, not in any governmental capacity, and no distinction is to be drawn between such business whether engaged in by a municipality or by a private corporation. City of Chicago v. Ames, 365 Ill. 529; Rockford Savings and Loan Assn. v. City of Rockford, 352 Ill. 348; Sanitary District of Chicago v. Carr, 304 Ill. 120; Springfield Gas and Electric Co. v. City of Springfield, 292 Ill. 236. The villages of Westchester, Broadview and La Grange Park, as well as the city of Chicago, are all situated within the Chicago Sanitary District, and the power of Westchester to sell water to La Grange Park under the circumstances in this case turns upon the proper construction and interpretation of section 26 of the Sanitary District Act of 1889. (Ill. Rev. Stat. 1953, chap. 42, par. 348.)

  6. SPENCE v. UTAH STATE AGR. COLLEGE ET AL

    225 P.2d 18 (Utah 1950)   Cited 11 times
    Holding the legislature could increase the number of trustees for the Agricultural College

    "We consider the provisions of the State Armory Board Act, authorizing a pledge of the income or property of the Board, as creating a debt against the property of the Board, and to which, alone, the holders of its bonds may look, and this does not create a debt against the State, as the statute does not so designate and we have frequently held that under similar statutes the public body benefiting from such a corporation is in no way obligated to pay the bonds secured by income, such projects being self-liquidating, and the pledge of the property partakes of the nature of the purchase-money mortgage. People ex rel. City of Chicago v. Barrett, 373 Ill. 393, 26 N.E.2d 478; Hairgrove v. City of Jacksonville, 366 Ill. 163, 8 N.E.2d 187; Rockford Savings Loan Ass'n v. City of Rockford, 352 Ill. 348, 185 N.E. 623; Ward v. City of Chicago, 342 Ill. 167, 173 N.E. 810; Krause v. Peoria Housing Authority, 370 Ill. 356, 19 N.E.2d 193; Maffit v. City of Decatur, 322 Ill. 82, 152 N.E. 602."

  7. Loomis v. Keehn

    80 N.E.2d 368 (Ill. 1948)   Cited 21 times
    In Loomis v. Keehn, et al., 400 Ill. 337, 80 N.E.2d 368, an act authorizing the construction of armories and the renting of the same to the state was upheld.

    We consider the provisions of the State Armory Board Act, authorizing a pledge of the income or property of the Board, as creating a debt against the property of the Board, and to which, alone, the holders of its bonds may look, and this does not create a debt against the State, as the statute does not so designate and we have frequently held that under similar statutes the public body benefiting from such a corporation is in no way obligated to pay the bonds secured by income, such projects being self-liquidating, and the pledge of the property partakes of the nature of the purchase-money mortgage. People ex rel. City of Chicago v. Barrett, 373 Ill. 393; Hairgrove v. City ofJacksonville, 366 Ill. 163; Rockford Savings and Loan Ass'n v. City of Rockford, 352 Ill. 348; Ward v. City of Chicago, 342 Ill. 167; Krause v. Peoria Housing Authority, 370 Ill. 356; Maffit v. City of Decatur, 322 Ill. 82. This rule seems to be general throughout the different jurisdictions, as may be ascertained from notes in 146 A.L.R., p. 328, and 72 A.L.R., p. 687.

  8. Mechanics Sav. Bank v. Collector of Taxes

    299 Mass. 404 (Mass. 1938)   Cited 10 times

    The interest of the mortgagee is entitled to no greater protection than that of the owner against whom the statute was held constitutional in Loring v. Commissioner of Public Works, 264 Mass. 460, 464, 465. See also Rockford Savings Loan Association v. Rockford, 352 Ill. 348, 354, and cases cited; Brush v. Commissioner of Internal Revenue, 300 U.S. 352. As an incident to a system of providing an indispensable supply of water in crowded centers of population, the creation of an underlying lien for water rates is a valid exercise of the police power.

  9. Prudential Co. v. City of Minneapolis

    277 N.W. 351 (Minn. 1938)   Cited 4 times

    City of Atlanta v. Burton, 90 Ga. 486, 16 S.E. 214; Turner v. Revere Water Co. 171 Mass. 329, 50 N.E. 634, 40 L.R.A. 657, 68 A.S.R. 432 (under the law involved there was no right to acquire a lien); State ex rel. Scotillo v. Water Supply Co. 19 N.M. 27, 140 P. 1056, L.R.A. 1915A, 242. In Rockford S. L. Assn. v. City of Rockford, 352 Ill. 348, 185 N.E. 623, 627, where a statute authorized the defendant city to create a lien for arrears in water rent supplied premises, it was held that the city had not exercised the power conferred and had established no rules under which city water was to be turned off or on; hence the plaintiff, who had acquired the property after the arrears in the water rent had occurred, was held entitled to recover the amount paid under protest in order to have the water turned on. But the court states in the opinion [ 352 Ill. 355]: "The owner of real estate is under no obligation to furnish water to a tenant unless he has contracted to do so or a statute has imposed the obligation upon him." (Italics supplied.)

  10. State ex Rel. State v. City, St. L

    575 S.W.2d 712 (Mo. Ct. App. 1979)   Cited 20 times

    At the very least, these facts raise the possibility of ratification which would bar the City's defense and claim of duress.E. g., Brink v. Kansas City, 355 Mo. 860, 198 S.W.2d 710 (1946) (property owners in sewer district recovered amounts paid on tax bills subsequently cancelled on ground that bills were contaminated by fraud; payments made under duress); Westlake v. City of St. Louis, 77 Mo. 47 (1882); American Brewing Co. v. City of St. Louis, 187 Mo. 367, 86 S.W. 129 (1905); cf. Cocanig v. City of Chicago, 21 Ill.2d 464, 173 N.E.2d 482 (1961) (suggestion that in some circumstances a suit for recovery of payments may be impractical and instead the utility should be enjoined); see also Rockford Savings Loan Ass'n v. City of Rockford, 352 Ill. 348, 185 N.E. 623 (1933); Manhattan Mill Co. v. Manhattan Gas Elec. Co., 115 Kan. 712, 225 P. 86 (1924); Texas Power Light Co. v. Doering Hotel Co., 147 S.W.2d 897 (Tex.Civ.App. 1941), aff'd, 139 Tex. 351, 162 S.W.2d 938 (1942). For example, in American Brewing Co. v. City of St. Louis, the brewery, a very large water user, sued the City to recover that part of its water bills attributable to excessive rates.