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IN RE PETITION OF MITCHELL

Gen. No. 11,808.

44 Ill. App.2d 361 (1963)

194 N.E.2d 560

In the Matter of the Petition of Charles J. Mitchell, John Mitchell, Lester Ellis, et al., Relative to the Initiation of an Aurora Water Rate Ordinance. People of the City of Aurora, Charles J. Mitchell, et al., Petitioners-Appellants, v. City of Aurora, Robert M. Wallin, et al., Objectors-Appellees.

Appellate Court of Illinois — Second District, First Division.

December 6, 1963.

Attorney(s) appearing for the Case

John P. Simpson, of Aurora, for appellants.

O'Brien, Burnell, Puckett & Barnett, all of Aurora (Donald L. Puckett, of counsel), for objectors-appellees. Sam Alschuler, Corporation Counsel, and Calvin B. Thelin, both of Aurora, for appellee, City of Aurora.

McNEAL, P.J.

This case involves the question of whether the subject matter of a proposed ordinance fixing water rates is legislative in character, or whether it is administrative or executive in character. The question arose when a petition was filed with the clerk of the City of Aurora asking that the city council enact an ordinance fixing water rates at a certain level and further asking that the proposition be submitted to a vote of the electors in the event the...

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