(DOWNLOAD) "Strub v. Village of Deerfield" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Strub v. Village of Deerfield
- Author : Supreme Court of Illinois
- Release Date : January 18, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Plaintiff, John F. Strub, filed a complaint in the circuit court of Lake County against the village of Deerfield, defendant, seeking a declaratory judgment that an ordinance of defendant relating to scavengers is unconstitutional and void insofar as it limits to two the number of scavenger licenses that may be in force at any time in the village. Defendant filed a motion to strike, which was granted, and the court thereafter entered judgment expressly finding the ordinance to be constitutional and dismissing the action. This direct appeal has followed, the trial court having executed a certificate as required by section 75 of the Civil Practice Act. Ill. Rev. Stat. 1959, chap. 110, par. 75. It has been firmly established in this jurisdiction that a municipality has the power to regulate the collection, removal and disposal of garbage, ashes, refuse and waste accumulating within its limits, either under the police power conferred upon it, (Ill. Rev. Stat. 1959, chap. 24, par. 23-105,) or under those statutes, such as section 23-81 of the Revised Cities and Villages Act, (Ill. Rev. Stat. 1959, chap. 24, par. 23-81,) authorizing a municipality to do all acts and make all regulations necessary or expedient for the promotion of health and the suppression of disease. (Consumers Co. v. City of Chicago, 313 Ill. 408; 10 I.L.P., Cities, Villages, etc., sec. 1172.) Other jurisdictions are uniformly in accord that stringent control over the collection of garbage is indispensable to the public health and safety, (see: 39 C.J.S., Health, sec. 28; McQuillin, Municipal Corporations, 3d ed., Sec. 24.245;) and an Ohio court, pointing out that the hauling of garbage over city streets is not an ordinary and customary street use, has further justified regulation of garbage disposal under the power of municipalities to regulate and control the use of their streets. See: City of Canton v. Van Voorhis, 61 Ohio App. 419, 22 N.E.2d 651.
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