Citations
- 215 Ill. 278
Full opinion text
Mr. Justice Cartwright
delivered the opinion of the court:
Appellee filed in the superior court of Cook county its petition, making appellant and others defendants, praying the court to ascertain the just compensation to be paid for private property to be taken or damaged for the widening of West Randolph street from Halsted street to Sangamon street, by taking thirty-five feet from the abutting property on each side of the street .and making it one hundred and fifty feet wide instead of eighty, and to ascertain what property would be benefited by such improvement and the amount of such benefit.
West Randolph street for two blocksj from Desplaines street to Halsted street, is one hundred and fifty feet wide. The center portion of it was originally occupied for a public market and afterward for a hay market, and the center along the street car tracks is now devoted to the general purposes of a produce and truck market, the truck gardeners being allowed to occupy it, under an ordinance of the city, during certain hours of the day. Around this market a produce and commission business has been built up, so that there is a demand for stores to carry on that business beyond the present capacity of the street at that place. Although it does not appear on the face of the ordinance, the real purpose of widening the street further west is to adapt it to the produce and commission business and to extend that business and the market place west. At the west end of the present market appellant owns property on the south-west corner of Randolph and Halsted streets, fronting seventy-seven feet on Randolph street and one hundred feet on Halsted street, with an eighteen-foot alley at the south end. It is improved by a four-story and basement brick building with stone trimmings. The basement and first floor are occupied for business purposes, the second floor for offices, and the third and fourth for the use of the Masonic bodies comprising the association. Being next to the present market, it is the first piece of property on the south side to be taken for the widening of the street. Commissioners were appointed, who made a report showing the total value of all the land taken for the improvement to be $314,103.70; that there were no damages to property not taken and no benefits to the city of Chicago, and assessing benefits to the remainder of each piece of property equal to the value of the property taken, so that the owners were paid for their land taken in benefits to what was left. As to appellant’s property, they reported the just compensation to be paid to it for the thirty-five feet taken as $20,823 and assessed back upon the remaining sixty-five feet $20,825 for benefits, balancing the compensation with the benefits. They allowed for damages to the building on the property $19,244.85. The appellant filed objections to the amounts allowed and to the-assessment, which were tried before a jury, resulting in a verdict finding the issues for the appellee and that the property was not assessed more than it would be benefited. The jury allowed for the land taken $20,825, assessed the remainder for benefits the same sum, $20,825, an