APPEAL from the Circuit Court of Kane County; the Hon. JOHN A.
KRAUSE, Judge, presiding.
MR. JUSTICE HOPF DELIVERED THE OPINION OF THE COURT:
Petitioners appeal from the denial of their petition to intervene in a quo warrantor proceeding. We affirm.
The suit was brought by Thomas Thomas, a resident of the village of Sleepy Hollow against that village, challenging the validity of its annexation of three parcels of land. During the pendency of the proceedings, American National Bank and Trust Company of Chicago, as trustee, Walnut Hill of Sleepy Hollow, Walnut Hill Association and Helmut Baumann, owners and developers of the parcels, were permitted to intervene as party defendants.
On April 14, 1980, an agreed order was entered by the court. In the order the parties settled the dispute involving the three annexed parcels and also agreed to take action with regard to an additional piece of land, the "Hickory Hollow right-of-way," not mentioned in any of the pleadings prior to the entry of the order. That part of the agreement regarding the fourth parcel provided, in pertinent part:
"A. Within forty-five (45) days after the entry of this Order, the Respondent will approve the plat of resubdivision of portions of the Subject Property * * *, which plat shall include a dedication of a 66 foot right-of-way to be known as `Hawthorne Lane'.
C. All of the parties hereto will act in concert to undertake to acquire the land now or formerly known as `Douglas Avenue' or `Hawthorne Lane' located between Lots 16 and 17, in the Hickory Hollow Subdivision, in the Township of Dundee, Kane County, Illinois (hereinafter referred to as `Hickory Hollow right-of-way') which activity on the part of the parties hereto will be undertaken as follows:
2) Within thirty (30) days after the recording of the plat of resubdivision (substantially in accordance with Exhibit A hereto), the respondent will commence the procedure, to acquire the Hickory Hollow right-of-way for street purposes, including (if necessary in the opinion of Special Counsel) the exercise of Respondent's powers of condemnation granted the Respondent under section 11-61-1 of the Illinois Municipal Code.
4) Within thirty (30) days after the entry of the Order of Taking or the recordation of deeds of conveyance (as the case may be) of the Hickory Hollow right-of-way area to the Respondent, the Respondent will annex the Hickory Hollow right-of-way pursuant to the terms and authority of Section 7-1-9 of the Illinois Municipal Code."
On May 14, 1980, petitioners filed a petition to intervene as of right in the suit. This petition stated their opposition to that portion of the agreed order dealing with the Hickory Hollow right-of-way. The pertinent portions of the petition are as follows:
"Pursuant to Section 26.1 of the Civil Practice Act of Illinois (Ill. Rev. Stat. ch. 110 par. 26.1, [petitioners] move for leave to intervene as party plaintiffs. In support thereof, petitioners state:
1) This proceeding is in Quo Warrantor challenging the annexation of certain property by the Village of Sleepy Hollow, a municipal corporation.
2) Petitioners are either electors of said village or are residents of a territory commonly known as Hickory Hollow, an unincorporated subdivision of real property located in Dundee Township, Kane County, Illinois.
3) On April 14, 1980, this Honorable Court entered an order styled `Agreed Order' which binds or may bind petitioners herein. * * *
4) Said order directs the parties to this proceeding, * * *, to perform all acts necessary to acquire title to a certain portion of ...