Schuringa v. City of Chicago

42 Citing cases

  1. Ill. Pure Water v. Dir. of Public Health

    104 Ill. 2d 243 (Ill. 1984)   Cited 2 times
    Rejecting contention that fluoridation imposes upon fundamental right guaranteed by the United States Constitution and that strict scrutiny should be applied to statute enabling fluoridation

    Furthermore, they contend, the statute must be so narrowly drawn as to express only the legitimate State interests at stake. In Schuringa v. City of Chicago (1964), 30 Ill.2d 504, the plaintiff taxpayers sought to enjoin the fluoridation of the defendant city's water supply. Plaintiffs contended that fluoridation infringed upon fundamental liberties protected by constitutional guarantees of due process of law.

  2. Thompson v. Bexar County Elections

    Civil Action No. SA-OO-CA-1527 OG, (Consolidated with Member Case No. SA-OO-CA-1542 FB) (W.D. Tex. Feb. 27, 2002)

    Further, as quoted by defendants in their motion, the New Jersey Supreme Court, in Young v. Board of Health of Borough ofSomerville, made the following poignant statement on the issue: Safe Water Foundation of Texas, 661 S.W.2d at 192-93 (citing to: Paduano v. City of New York, 45 Misc.2d 718, 257 N.Y.S.2d 531 (N.Y.Sup. 1965), aff'd, 24 A.D.2d 437, 260 N.Y.S.2d 831 (N.Y.A.D. 1965), aff'd 17 N.Y.2d 875, 218 N.E.2d 339, 271 N.Y.S.2d 305 (N.Y. 1966), cert.denied, 385 U.S. 1026 (1967); Schuringa v. City of Chicago, 30 Ill.2d 504, 198 N.E.2d 326 (Ill. 1964), cert. denied, 379 U.S. 964 (1965); DeAryanv. Butler, 119 Cal.App.2d 674, 260 P.2d 98 (Cal.App. 4 Dist. 1953), cert. denied, 347 U.S. 1012 (1954); and Dowell v. City of Tulsa, 273 P.2d 859, 43 A.L.R.2d 445 (Okla. 1954), cert. denied, 348 U.S. 912 (1955)). It should be noted that the United States Supreme Court dismissed the appeal in Safe Water on the grounds that no substantial federal question was presented.

  3. Walker v. McGuire

    2015 IL 117138 (Ill. 2015)   Cited 25 times
    In Walker v. McGuire, 2015 IL 117138, ยถ 30 (Walker I), our supreme court disagreed with both of the circuit court's rulings.

    ยถ 22 Although described by this court as "ministerial" officers (Bottom v. City of Edwardsville, 308 Ill. 68, 73 (1923); Hards v. Burton, 79 Ill. 504, 509 (1875)), masters in chancery frequently functioned as hearing officers, taking testimony, considering the evidence, and reporting back their findings of fact and conclusions of law to the chancery court. See e.g., Schuringa v. City of Chicago, 30 Ill. 2d 504, 507 (1964) (where the trial court referred a taxpayers' action to enjoin the city from fluoridating the city's water supply to a master who heard the evidence, made findings of fact and conclusions of law, and recommended the complaint be dismissed); Dineff v. Wernecke, 27 Ill. 2d 476, 477-78 (1963) (where the trial court referred a complaint for specific performance to a master who heard the evidence and returned a report recommending dismissal); Maley v. Burns, 6 Ill. 2d 11, 12-13 (1955) (where the trial court referred a complaint by certain beneficiaries under a will to set aside two deeds to a master to take the proof and report his recommendations to the court); see also James R. Bryant, The Office of Master in Chanceryโ€”Development and Use in Illinois, 49 Nw. U.L. Rev. 458, 466-67 (1954) (discussing "The Nature of the Office of Master in Chancery"). The master's findings and recommendations were advisory only, and were not binding upon the parties unless approved by the court.

  4. City of Carbondale v. Brewster

    78 Ill. 2d 111 (Ill. 1979)   Cited 30 times
    In City of Carbondale v. Brewster, 78 Ill.2d 111, 398 N.E.2d 829 (1979), appeal dismissed, 446 U.S. 931, 100 S.Ct. 2145, 64 L.Ed.2d 783 (1980), the Illinois Supreme Court noted that "a residential land subdivider may properly be required, as a condition to approval of the plat, to provide curb and gutter and suitable storm-water drainage facilities."

    To be a valid exercise of police power, the legislation must bear a reasonable relationship to one of the foregoing interests which is sought to be protected, and the means adopted must constitute a reasonable method to accomplish such objective. ( Sherman-Reynolds, Inc. v. Mahin (1970), 47 Ill.2d 323, 327; Schuringa v. City of Chicago (1964), 30 Ill.2d 504, 509.) Although the determination of reasonableness is a matter for the court, the legislature has broad discretion to determine not only what the interests of the public welfare require but what measures are necessary to secure such interest.

  5. Minnesota Bd. of Health v. City of Brainerd

    308 Minn. 24 (Minn. 1976)   Cited 25 times
    Holding that a law requiring water fluoridation was not arbitrary and violative of due process because the Legislature relied on scientific opinion that fluoridation is safe and effective at reducing dental caries

    In fact, the state courts have been unanimous in holding fluoridation to be a proper exercise of the state's police power. See, Graybeal v. McNevin, 439 S.W.2d 323 (Ky. 1969); Opinion of the Justices, 243 A.2d 716 (Del. 1968); Attaya v. Town of Gonzales, 192 So.2d 188 (Ct.App. La. 1966); Paduano v. City of New York, 45 Misc.2d 718, 257 N.Y.S.2d 531, affirmed, 24 App.Div.2d 437, 260 N.Y.S.2d 831 (1965), affirmed, 17 N.Y.2d 875, 271 N.Y.S.2d 305, 218 N.E.2d 339 (1966), certiorari denied, 385 U.S. 1026, 87 S.Ct. 754, 17 L. ed. 2d 674 (1967); Hall v. Bates, 247 S.C. 511, 148 S.E.2d 345 (1966); Wilson v. City of Mountlake Terrace, 69 Wn.2d 148, 417 P.2d 632 (1966); Rogowski v. City of Detroit, 374 Mich. 408, 132 N.W.2d 16 (1965); Schuringa v. City of Chicago, 30 Ill.2d 504, 198 N.E.2d 326 (1964), certiorari denied, 379 U.S. 964, 85 S.Ct. 655, 13 L. ed. 2d 558 (1965); Stroupe v. Eller, 262 N.C. 573, 138 S.E.2d 240 (1964); City Commission of Fort Pierce v. State ex rel. Altenhoff, 143 So.2d 879 (Ct.App. Fla. 1962), appeal dismissed, 154 So.2d 208 (Ct.App. Fla. 1963); Wilson v. City of Council Bluffs, 253 Iowa 162, 110 N.W.2d 569 (1961); Readey v. St. Louis County Water Co. 352 S.W.2d 622 (Mo. 1961), appeal dismissed, 371 U.S. 8, 83 S.Ct. 20, 9 L. ed. 2d 47 (1962); Birnel v. Town of Fircrest, 53 Wn.2d 830, 335 P.2d 819 (1959), appeal dismissed, 361 U.S. 10, 80 S.Ct. 71, 4 L. ed. 2d 51 (1959); Teeter v. Municipal City of LaPorte, 236 Ind. 146, 139 N.E.2d 158 (1956); Baer v. City of Bend, 206 Or. 221, 292 P.2d 134 (1956); Kraus v. City of Cleveland, 163 Ohio St. 559, 127 N.E.2d 609 (1955), appeal dismissed, 351 U.S. 935, 76 S.Ct. 833, 100 L. ed. 1463 (1956); Kaul v. City of Chehalis, 45 Wn.2d 616, 277 P.2d 352 (1955); Froncek v. City of Milwaukee, 269 Wis. 276, 69 N.W.2d 242 (195

  6. Krol v. County of Will

    38 Ill. 2d 587 (Ill. 1968)   Cited 14 times
    Requiring a definite and substantial relation to a recognized police-power purpose

    To put it otherwise, an ordinance, "to be beyond the pale of constitutional infirmity, must bear a reasonable relation to the public health or other purpose sought to be served, the means being reasonably necessary and suitable for the accomplishment of such purpose * * *." ( Schuringa v. City of Chicago, 30 Ill.2d 504, 509; accord, Strub v. Village of Deerfield, 19 Ill.2d 401.) In deciding this question of reasonableness the court may consider "all the facts and circumstances, the evil sought to be remedied, the purpose sought to be accomplished and the necessity for legislation on the subject."

  7. Hall v. Bates

    247 S.C. 511 (S.C. 1966)   Cited 6 times

    Messrs. John W. Sholenberger and Edward A. Harter,Jr., of Columbia, for Respondents, cite: As to Appellantnot being denied due process of law within the meaning ofthe Federal and State Constitutions where the City Councilafter a hearing, ordered fluorides added or adjusted to theCity water supply to improve the dental health of the residentsof the City and others using its center: 225 La. 859, 74 So.2d 142; 75 S.Ct. 216, 348 U.S. 892, 99 L.Ed. 701; 119 Cal.App.2d 674, 260 P.2d 98; 74 S.Ct. 863, 347 U.S. 1012, 98 L.Ed. 1135; 273 P.2d 859, 43 A.L.R.2d 445; 75 S.Ct. 292, 348 U.S. 912, 99 L.Ed. 715; 163 Ohio St. 559, 127 N.E.2d 609; 76 S.Ct. 833, 351 U.S. 935, 100 L.Ed. 1463; 30 Ill.2d 504, 198 N.E.2d 326; 85 S.Ct. 665, 379 U.S. 964, 13 L.Ed.2d 558; 43 A.L.R.2d 453; 56 Am. Jur., Waterworks and Water Companies, Sec. 76, 1965 Cum. Supp. p. 79; Anno. 43 A.L.R.2d 459; 1965 Cum. Supp., McQuillin Municipal Corporations, Section 24.265, p. 26; Rhyne's Municipal Law 499, Sec. 23.6; 16 C.J.S., Const. Law, Sec. 2026, p. 991, 16 C.J.S., Const. Law, Sec. Sec. 206 (2), p. 1039; 16A C.J.S., Const. Law, Sec. 493, note 48, p. 255; 16A C.J.S., Const. Law, Sec. 566, p. 536; 16A C.J.S., Const. Law, Sec. 606, p. 737, note 69; 94 C.J.S., Waters, Sec. 278, p. 139; 31 C.J.S., Evidence, Sec. 50(4), p. 1040, note 59.5. As to due processin South Carolina: 190 S.E. 286, 183 S.C. 263; 246 S.C. 268, 143 S.E.2d 455; 243 S.C. 351, 133 S.E.2d 843; 190 S.E. 826, 183 S.C. 263; 82 S.E.2d 191, 225 S.C. 289; 87 S.C. 566, 70 S.E. 296; 87 S.C. 573, 70 S.E. 299; 126 N.C. 999, 35 S.E. 459.

  8. Kline v. Illinois Racing Board

    469 N.E.2d 667 (Ill. App. Ct. 1984)   Cited 5 times

    ) To be a valid exercise of police power, the legislation must bear a reasonable relationship to one of the foregoing interests which are sought to be protected, and the means adopted must constitute a reasonable method to accomplish such objective. ( Sherman-Reynolds, Inc. v. Mahin (1970), 47 Ill.2d 323, 327; Schuringa v. City of Chicago (1964), 30 Ill.2d 504, 509.) Although the determination of reasonableness is a matter for the court, the legislature has broad discretion to determine not only what the interests of the public welfare require but what measures are necessary to secure such interest.

  9. City of Des Plaines v. Gacs

    65 Ill. App. 3d 44 (Ill. App. Ct. 1978)   Cited 14 times
    Dismissing constitutional challenge to ban on fowl, including pedigreed racing pigeons, within city

    To be beyond the pale of constitutional infirmity, the ordinance must also be reasonably related to the purpose it is intended to serve, in this case the protection of the public health and safety. ( Schuringa v. City of Chicago (1964), 30 Ill.2d 504, 198 N.E.2d 326, cert. denied (1965), 379 U.S. 964, 13 L.Ed.2d 558, 85 S.Ct. 655; Cheetah Enterprises, Inc. v. County of Lake (1974), 22 Ill. App.3d 306, 317 N.E.2d 129.) The reasonableness of an ordinance is a question of law for the court.

  10. Hughes v. City of Lincoln

    232 Cal.App.2d 741 (Cal. Ct. App. 1965)   Cited 27 times

    The authorizing statutes (Gov. Code, ยงยง 38730, 38742) are very general and evince no intent to exclude local autonomy in the administration of municipal water systems. [8] In California, as in other states, the action of city councils directing fluoridation of municipal water supplies is regarded as an exercise of the local police power. ( DeAryan v. Butler, 119 Cal.App.2d 674, 681-682 [ 260 P.2d 98], cert. den. 347 U.S. 1012 [74 S.Ct. 863, 98 L.Ed. 1135]; Schuringa v. City of Chicago, 30 Ill.2d 504 [ 198 N.E.2d 326]; Wilson v. City of Council Bluffs, 253 Iowa 162 [ 110 N.W.2d 569]; Readey v. St. Louis County Water Co. (Mo.) 352 S.W.2d 622; see Note 43 A.L.R.2d 453; Dietz, Fluoridation and Domestic Water Supplies in California, 4 Hast.L.J. 1; Nichols, Freedom of Religion and the Water Supply, 32 So.Cal.L.Rev. 158; Notes, 12 Am.U.L.Rev. 97; 38 Notre Dame Law. 71; 24 Md.L.Rev. 353.) In recent years fluoridation of public water supplies as a means of reducing the incidence of dental caries among children has been the subject of widespread and heated controversy.