APPEAL from the Circuit Court of Cook County; the Hon. SAMUEL
B. EPSTEIN, Judge, presiding.
MR. JUSTICE DIERINGER DELIVERED THE OPINION OF THE COURT:
Rehearing denied July 28, 1976.
This is an appeal from the judgment of the Circuit Court of Cook County dismissing the City of Hickory Hills (hereinafter called "Hickory Hills") as a party plaintiff. The court found the issues presented had been previously adjudicated and plaintiff, by reason of estoppel, was prevented from proceeding.
The issue is whether a controlling fact put at issue has been determined in a former action, thereby preventing plaintiff, by estoppel, from proceeding.
On October 15, 1969, petitioners, representing seven families living in a portion of the Village of Bridgeview (hereinafter called "Bridgeview"), which is isolated from the main body of Bridgeview by the Tri-State Tollway, filed a petition for writ of mandamus in the Circuit Court of Cook County. The petition requested Bridgeview be required to furnish a satisfactory water supply.
On September 30, 1969, Bridgeview filed a complaint against Hickory Hills requesting an order requiring Hickory Hills provide water and sewer services to the seven residents of the parcel of land in question.
On March 20, 1970, the Circuit Court of Cook County consolidated the aforesaid two cases, found Hickory Hills, by virtue of its presence of sewer and water mains, was a trespasser on the area in question and entered an order requiring Hickory Hills to supply sewer and water services to the individual residents of the area and to their successors and assigns, upon the payment of charges by Bridgeview. Hickory Hills elected to appeal the said order, and the decision was affirmed in Village of Bridgeview v. City of Hickory Hills (1st Dist. 1971), 1 Ill. App.3d 931, 274 N.E.2d 925.
On January 4, 1973, Bridgeview adopted an ordinance which rezoned a parcel of the isolated land from an Industrial to a Residential district.
On January 3, 1974, Bridgeview adopted an ordinance which authorized a planned unit development as a special use for defendant Bergquist.
Bergquist proposes to develop the property with six high-density, multistory buildings containing approximately 150 condominium units. In order to develop the 150-unit complex, Bergquist and Bridgeview will have to utilize, and be solely dependent upon, the water supply system, the sewer system and the drainage system of Hickory Hills.
On April 24, 1974, Hickory Hills filed a complaint in the Circuit Court of Cook County seeking a declaratory judgment and an injunction. This complaint attacks the validity of the rezoning ordinance adopted by Bridgeview granting Bergquist the right to construct multistory buildings in the area.
Motions to strike the complaint of Hickory Hills were filed by defendants Bridgeview and Bergquist.
On September 4, 1974, the Circuit Court of Cook County issued a memorandum opinion, whereby the trial judge suggested the claim of "special damages" alleged in the complaint should perhaps be more specific.
On October 5, 1974, pursuant to leave of court, Hickory Hills filed an amended complaint. On November 15, 1974, a motion to strike and dismiss the amended complaint was ...