by John Marshall Harlan

“ It may be, as suggested by its counsel, that the present constitution of Illinois, in regard to compensation to owners of private property 'damaged' for the public use, has proved a serious obstacle to municipal improvements; that the sound policy of the old rule, that private property is held subject to any consequental damages that may arise from the erection on a public highway of a lawful structure, is being constantly vindicated; and that the constitutional provision in question is 'a handicap' upon municipal improvement of public highways. ”

“ As the streets adjacent to the plaintiff's property were to remain in the same condition as to width, etc., that they were in before, and as the closing up of a portion of La Salle street would not in any degree interfere with access to its lot, or with the use and enjoyment of it, it was held that there was no special or particular injury done for which an action would lie against the city. ”

“ The Union Building Association owned a building and lot three and a half blocks from a certain part of La Salle street, in Chicago, which the city proposed to close up, and permit to be occupied by the Board of Trade with its building. ”