Kocsis v. Chicago Park District

198 N.E. 847, 362 Ill. 24
CourtIllinois Supreme Court
DecidedNovember 21, 1935
DocketNo. 23267. Judgment affirmed.
StatusPublished
Cited by65 cases

This text of 198 N.E. 847 (Kocsis v. Chicago Park District) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kocsis v. Chicago Park District, 198 N.E. 847, 362 Ill. 24 (Ill. 1935).

Opinion

Mr. Justice Wilson

delivered the opinion of the court:

The plaintiff, Joseph Kocsis, a qualified tax-payer of the former West Pullman Park District, filed a complaint in the circuit court of Cook county against the Chicago Park District, a municipal corporation, and its five commissioners, to test the constitutionality of an act entitled, “An act authorizing the Chicago Park District to assume and become liable for the payment of certain indebtedness of superseded park districts and to issue its bonds to re-fund and/or fund same, legalizing such indebtedness and providing for the levy and collection of taxes for the payment of such bonds.” (Laws of 1935, p. 1012; Ill. State Bar Stat. 1935, p. 2383; Smith’s Stat. 1935, p. 2326.) By his action the plaintiff sought to restrain the district, its commissioners and officers, from proceeding under two ordinances, one providing for the re-funding of the bonded indebtedness of the twenty-two park districts superseded by the Chicago Park District, and the other providing for the funding of the floating indebtedness of the original districts. The court sustained the validity of the statute (hereinafter referred to as the Assumption act) and the ordinances, rendered judgment in favor of the defendants and dismissed the complaint as to each of them. The plaintiff prosecutes this appeal.

The pertinent facts are as follows: By the provisions of the Chicago Park District act the Chicago Park District superseded twenty-two park districts in Cook county. (Laws of 1933, p. 725.) Section 18 of the .act provided that each of the original districts should remain liable for the payment of its bonded indebtedness. By the Assumption act, in effect on July 11, 1935, provision was made for the direct assumption of the indebtedness of the superseded districts by the successor park district, and the latter was authorized to issue its bonds to re-fund or fund it and to levy taxes upon all the taxable property within the boundaries of the Chicago Park District for the payment thereof. Conformably to the authority of the Assumption act the commissioners of the Chicago Park District on July 25, 1:935, passed two ordinances accepting the provisions of the statute and authorizing the issuance of re-funding and funding bonds having a par value of $103,709,760.52 and $4,956,066, respectively. Each ordinance also provided for the levy and collection of the requisite taxes for the payment of these bonds. In particular, the ordinances provided for the payment of the principal and interest on these bonds by levying an annual tax upon all the taxable property within the Chicago Park District for the years 1935 to. 1954, inclusive. The commissioners certified the ordinances to the county clerk on August 15, 1935.

Of the twenty-two former park districts nineteen were known as “small park districts” and three as “large park districts.” The West Pullman and four other small park districts lay partly within and partly without the city of Chicago, although contiguous thereto. An act of the General Assembly effective July 2, 1935, disconnected the territory of the Chicago Park District lying outside of the city limits. The act provided, however, that the disconnected territory should “remain liable for its proportionate part of its bonded and unfunded indebtedness.” Laws of 1935, p. 1021; Ill. State Bar Stat. 1935, p. 2374; Smith’s Stat. 1935, P- 2316.

Each of the small park districts had established and maintained within its territorial limits park and recreational facilities at the sole expense of the tax-payers thereof and designed principally for the use and benefit of the inhabitants of the particular district. The public also enjoyed the right to use these properties or facilities. The three large districts (Lincoln, West and South Park districts) had built and maintained numerous facilities, which were used as much, if not more, by the residents of the other superseded park districts than by the residents of the districts which provided and paid for them. These improvements included 175 miles of boulevards and driveways, extensive bathing beaches, the zoo and the natural history museum in Lincoln Park, the floral conservatory in the West Park District, and recreational facilities such as golf links, tennis courts, baseball lots, swimming pools and bridle paths. Since the creation of the Chicago Park District all of the twenty-two superseded park districts have been operated as a unit, with equal privileges and benefits to every person within its territorial limits, and to the general public.

When the Chicago' Park District was created the indebtedness of the West Pullman Park District consisted of bonds in the principal amount of $46,000. Its assessed property valuation was $6,551,305 within the city limits and $188,663 outside of the city of Chicago, or a total of $6,739,986, representing .682 per cent of its valuation. At the time of filing the complaint and the entry of the judgment, bonds of this district having an aggregate par value of $11,000 maturing on January 1, 1933 and 1934, respectively, were in default. The accrued interest on its outstanding bonds was $6458.34 as of September 1, 1935. The assessed value of all the property in the Chicago Park District on July 11, 1935, (the day the Assumption act came into force,) was $2,399,239,413. The aggregate total of the liabilities, including those of the West Pullman Park District, to be re-funded and funded is $108,665,826.63, or less than five per cent of the assessed valuation of the taxable property within the boundaries of the Chicago Park District.

To obtain a reversal of the judgment the plaintiff makes several contentions. Our attention is first directed to the fact that under the ordinances passed pursuant to the Assumption act, the plaintiff, a tax-payer in a portion of the Chicago Park District formerly denominated the West Pullman Park District, and which had a low ratio of indebtedness to its assessed property valuation, will be subjected to a substantial increase of tax rate to satisfy the liability for the taxes necessary to pay the indebtedness of the other superseded districts, some of which had a high ratio of indebtedness. Complaint is also made that since the electors of the superseded West Pullman Park District voted against the adoption of the Chicago Park District act, the plaintiff is subjected to the imposition of a local burden without his consent or the consent of the people of the West Pullman Park District. On the basis of the foregoing objections the plaintiff contends that the Assumption act and the two ordinances deprive him of due process of law, in violation of the State constitution, and transcend the due process of law and the equal protection of the laws provisions of the fourteenth amendment to the Federal constitution.

This court has held that the fact that fourteen small park districts, including the West Pullman Park District, voted against the adoption of the Chicago Park District act, conferred upon such districts no rights and imposed upon them no burdens not equally possessed or imposed upon each of the districts. (People v. Kelly, 357 Ill. 408.) The first contention is thus narrowed to the determination of whether the statute and the ordinances constitute discriminatory legislation and thereby contravene the constitutional guaranties invoked.

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Bluebook (online)
198 N.E. 847, 362 Ill. 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kocsis-v-chicago-park-district-ill-1935.