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Vil. of Schaumburg v. Franberg

OPINION FILED JULY 31, 1981.

THE VILLAGE OF SCHAUMBURG, PLAINTIFF-APPELLEE,

v.

HAROLD P. FRANBERG ET AL., DEFENDANTS-APPELLANTS.



APPEAL from the Circuit Court of Cook County; the Hon. GERALD S. MURPHY, Judge, presiding.

MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:

Complaints were filed by plaintiff, the Village of Schaumburg (the Village) against defendants, taxicab drivers for Prospect Cab Company of the Village of Mount Prospect, Illinois, for having "no public passenger business license" in violation of section 30-2 of the Village's ordinance. The stipulated facts at the ensuing bench trial showed that defendants were charged with violating the aforementioned ordinance after a Village police officer observed them on three separate occasions picking up passengers at the Woodfield Shopping Center located in the Village of Schaumburg without the required license. Defendants appeal from the findings of guilt and the imposition of a fine of $25 and $10 court costs because of their failure to have licenses to pick up passengers within the limits of the Village in violation of the ordinance.

Before reaching the issues presented for review, we find it necessary to resolve the dispute beween the parties as to the exact stipulation of facts upon which defendants were tried. Defendants maintain that the stipulation included evidence that they picked up the passengers in the Village only after being solicited to do so, and that they returned the passengers to the Village of Mount Prospect, in which they were licensed. The Village argues that the only stipulated evidence was that defendants picked up passengers in the Village without the required license. The transcript of the proceedings reveals the following exchange between defense counsel, the Village prosecutor, and defendant Franberg:

"DEFENSE COUNSEL: Judge, this is a little conclusive. I don't think there is any question about the facts, there is no argument. These are cabs that pick up people on request from United Airlines. They have an arrangement with United Airlines to pick the people up and take them back to the community that the people live in and they are licensed in.

PROSECUTOR: They were hustling people at Woodfield.

DEFENSE COUNSEL: Yes they were, by request.

PROSECUTOR: They have to have a license, that is how the ordinance reads. Do they have a license?

JUDGE: First of all, there is no evidence presented as to the violation in question. There has been a lot about the law.

PROSECUTOR: I think he agreed to the facts, that is why he started.

JUDGE: Is that correct?

DEFENSE COUNSEL: I think we would Judge. We are saying that I think the police officer marked it inter-urban operation. That is what we are talking about. This is not a case where we are disputing the facts, that I know of anyway.

JUDGE: The only thing I see before me is no public business license.

DEFENDANT FRANBERG: Well, this is what it was. I was on request to pick these people up and the way I understood it was that I don't have to have a Schaumburg license to pick up people who called to take them back. ...


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