(DOWNLOAD) "Village of Lombard v. Ill. Bell Co." by Supreme Court of Illinois * Book PDF Kindle ePub Free
eBook details
- Title: Village of Lombard v. Ill. Bell Co.
- Author : Supreme Court of Illinois
- Release Date : January 18, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
A suit at law was filed by the village of Lombard, a municipal corporation, in the circuit court of Du Page County to recover a penalty of $200 per day from the Illinois Bell Telephone Company, a corporation, because of its failure or refusal to file a quarterly statement of its gross receipts, as required by ordinance 506 of said village. The defendant, hereafter referred to as the telephone company, appeared and made a motion to dismiss on several grounds, claiming the ordinance was illegal, null and void. The circuit court sustained the motion and ordered the complaint dismissed. The court certified that the validity of an ordinance was involved, and that public interest required that an appeal be taken directly to the Supreme Court. The village appeals. The complaint discloses that in 1922 an ordinance was enacted granting the telephone company the right until 1946, and thereafter until terminated upon sixty days' notice, to construct, erect, renew, maintain and operate the usual facilities of a telephone communication system over, under and across the streets, alleys and public places within the village. No charge or license was ever exacted by this ordinance. In December, 1946, the board of trustees of said village terminated the rights of the telephone company under the 1922 ordinance by a sixty-day notice as of February 13, 1947, and on February 2, 1948, enacted ordinance 506 involved in this suit.