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05/18/87 In Re Petition of Village of Long Grove To Annex Certain

May 18, 1987

IN RE PETITION OF VILLAGE OF LONG GROVE TO ANNEX CERTAIN


APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

TERRITORY (The Village of Long Grove,

Petitioner-Appellant, v.

The Village of Buffalo Grove et al., Objectors-Appellees)

509 N.E.2d 1041, 156 Ill. App. 3d 1056, 109 Ill. Dec. 202 1987.IL.634

Appeal from the Circuit Court of Lake County; the Hon. Alan W. Cargerman, Judge, presiding.

APPELLATE Judges:

JUSTICE HOPF delivered the opinion of the court. LINDBERG, P.J., and DUNN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HOPF

Petitioner, the village of Long Grove, appeals from the dismissal of proceedings on its ordinance seeking annexation of certain territory. Long Grove raises five issues on appeal: (1) whether the village of Buffalo Grove had standing to object to Long Grove's annexation ordinance; (2) whether Long Grove's ordinance lost its priority due to unreasonable delay of the annexation proceedings; (3) whether the territory sought to be annexed meets the statutory requirement of contiguity; (4) whether all objections to the annexation ordinance should have been stricken on grounds that they failed to show the objectors are interested persons as required by statute; and (5) whether Long Grove should have been granted leave to amend the legal description contained in its ordinance.

In August 1979 certain property owners (Citrust) filed a petition with the village of Buffalo Grove requesting annexation of their land even though one of the owners had not signed the petition. On February 12, 1980, the neighboring village of Long Grove adopted an ordinance expressing its desire to annex certain property, some of which was already included in the Buffalo Grove petition. Long Grove did not notify either Buffalo Grove or the affected landowners of its annexation ordinance. On February 13, 1980, the village of Lincolnshire filed with the Lake County circuit clerk an ordinance seeking annexation of the same land sought by Long Grove. Long Grove filed its ordinance on February 14, 1980.

A copy of the Citrust petition and a letter advising that no action had been taken in regard to the petition by the Buffalo Grove village board was sent to Long Grove on February 19, 1980. Another letter from Buffalo Grove, dated October 8, 1980, informed Long Grove and other neighboring governmental entities that the continued public hearing on the Citrust property had been cancelled and that the matter would be republished for hearing later in the year. Buffalo Grove had no further communication with neighboring villages regarding the status of the Citrust petition. The petition was neither withdrawn by the petitioners nor disposed of by the village board.

The Long Grove ordinance which had been filed in 1980 periodically came before the trial court through progress calls. The matter was continued on Long Grove's motion 26 times over the course of the next six years. None of the continuance orders reflect any other activity by Long Grove in regard to the ordinance. Lincolnshire's annexation ordinance was dismissed in 1983.

In early 1986 Buffalo Grove held hearings on the development and annexation of territory which encompassed a portion of the land included in the 1980 Long Grove annexation ordinance. Representatives of Long Grove appeared at these hearings and objected to the plans being considered by Buffalo Grove. Subsequently, Long Grove set its own annexation ordinance for hearing on March 18, 1986. On March 3, 1986, Buffalo Grove adopted the annexation ordinance which it had considered at the prior public hearings.

Numerous objections to Long Grove's ordinance, including objections of Buffalo Grove, were filed prior to the March 18 hearing. Long Grove's motion to strike Buffalo Grove as an objector was denied, as was its motion to strike all objections on grounds that they did not show that any of ...


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