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09/16/87 the City of Geneva Et Al., v. the Metropolitan Airport

September 16, 1987

THE CITY OF GENEVA ET AL., PLAINTIFFS-APPELLEES

v.

THE METROPOLITAN AIRPORT AUTHORITY ET AL., DEFENDANTS-APPELLANTS



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

514 N.E.2d 476, 161 Ill. App. 3d 419, 112 Ill. Dec. 813

Appeal from the Circuit Court of Kane County; the Hon. Michael J. Colwell, Judge, presiding.

Rehearing denied November 10, 1987 1987.IL.1349

APPELLATE Judges:

JUSTICE INGLIS delivered the opinion of the court. HOPF and WOODWARD, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS

This is an appeal pursuant to Supreme Court Rule 306(a)(1)(iv)(107 Ill. 2d R. 306(a)(1)(iv)) from an order of the circuit court of Kane County denying defendants' section 2-104 motion to transfer venue to Du Page County. (Ill. Rev. Stat. 1985, ch. 110, par. 2-104.) The complaint consists of six counts: count I, declaratory judgment and injunctive relief; count II, quo warrantor ; count III, quo warranto ; count IV, mandamus ; count V, injunction; and count VI, injunction. We reverse.

The question for our review is: Did the lower court err in denying the motion of the defendants to transfer the venue of this proceeding to the circuit court for the Eighteenth Judicial Circuit, Du Page County, Illinois, pursuant to section 2-103(a)) of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-103(a)) in light of the undisputed fact that the defendant Du Page Airport Authority is a municipal corporation whose principal office is located in Du Page County?

Plaintiffs filed their complaint in the circuit court for the Sixteenth Judicial Circuit, Kane County, Illinois. The complaint seeks equitable relief based upon the plaintiffs' contention that certain amendments to "An Act in relation to airport authorities" (Ill. Rev. Stat. 1985, ch. 15 1/2, pars. 68.1 through 68.20), which became effective on January 26, 1987, pursuant to Public Act 84-1473, are unconstitutional. Those amendments, among other things, created the Du Page Airport Authority, a municipal corporation that is one of the defendants in this action.

Defendants filed a motion to transfer the venue of this case to the circuit court for the Eighteenth Judicial Circuit, Du Page County, Illinois, pursuant to section 2-103(a) of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-103(a)), which provides that an action against a municipal corporation must be brought in the county in which its principal office is located. In support of their motion, defendants submitted the affidavit of Thomas Fawell, Sr., the chairman of the board of commissioners of the Du Page Airport Authority, who stated that the principal office of the Du Page Airport Authority is located in Du Page County, Illinois. This fact was not disputed by plaintiffs.

The trial court denied the motion to transfer venue. The trial court held that it was not required to follow the mandate of section 2 -- 103(a) of the Code of Civil Procedure since the interests of "judicial economy" would be better served if the lawsuit remained in Kane County. The trial court also held that venue was proper in the Sixteenth Judicial Circuit because real estate located there was "affected" by the lawsuit., Defendants filed their petition for leave to appeal the trial court's order. That petition was granted by this court.

Section 2 -- 101 of the Code of Civil Procedure provides in pertinent part:

" Except as otherwise provided in this Act, every action must be commenced (1) in the county of residence of any defendant who is joined in good faith and with probable cause for the purpose of obtaining a judgment against him or her and not solely for the purpose of fixing venue in that county, or (2) in the county in which the transaction or some part thereof occurred out ...


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