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10/30/87 the People Ex Rel. the v. the Village of Buffalo

October 30, 1987

THE PEOPLE EX REL. THE VILLAGE OF LONG GROVE, PLAINTIFF-APPELLANT

v.

THE VILLAGE OF BUFFALO GROVE, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

515 N.E.2d 438, 162 Ill. App. 3d 340, 113 Ill. Dec. 629 1987.IL.1615

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

APPELLATE Judges:

JUSTICE UNVERZAGT delivered the opinion of the court. DUNN and WOODWARD, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE UNVERZAGT

Plaintiff, the village of Long Grove, appeals from summary judgment entered for the defendant, village of Buffalo Grove, on Long Grove's complaint in quo warrantor arising out of competing annexations by the two villages. The court found as a matter of law that Long Grove did not have standing to bring the action. Long Grove contends (1) it had sufficient private interest to warrant leave to file its complaint in quo warrantor ; (2) genuine issues of material fact precluded summary judgment in favor of Buffalo Grove; and (3) Buffalo Grove's annexation ordinance was invalid.

On February 12, 1980, the village of Long Grove adopted ordinance No. 80-0-3, in which it expressed its desire to annex certain property and to hold a referendum thereon pursuant to section 7-1-2 of the Illinois Municipal Code (Code). (Ill. Rev. Stat. 1985, ch. 24, par. 7-1-2.) A certified copy of the ordinance was filed with the Lake County circuit clerk on February 14, 1980, under case No. 80 MC 4.

On February 5, 1986, Buffalo Grove gave notice of a public hearing to be held on February 24, 1986, to consider an annexation agreement and zoning for certain property known as the Fiore Nursery. A parcel known as the Seidl Nursery was also included in the proposed annexation. Notice of this hearing was given to the appropriate library and fire protection districts on February 7, 1986.

Long Grove's president pro tem was present at the Buffalo Grove public hearing on February 24, and he read a prepared statement expressing 10 areas of concern to Long Grove regarding the development proposed for the territory to be annexed by Buffalo Grove. At the Conclusion of the hearing, the Buffalo Grove trustees approved the preparation of appropriate ordinances and annexation agreements to be considered at its March 3, 1986, meeting.

On that date in March, Buffalo Grove adopted an annexation ordinance which annexed property overlapping the property involved in the Long Grove annexation proceeding filed in 1980. The Long Grove annexation proceedings had not at that time been either terminated or defeated. The Buffalo Grove annexation ordinance was specifically made subject to the terms and conditions of an annexation agreement approved on that same date, and the annexation ordinance was adopted pursuant to a petition for annexation executed by all of the owners of the property annexed and 51% of the electors residing thereon. Ill. Rev. Stat. 1985, ch. 24, par. 7-1-8.

On March 19, 1986, a hearing was held in case No. 80 MC 4 on objections to Long Grove's 1980 ordinance seeking to annex a portion of the property which had just been annexed by Buffalo Grove. At the Conclusion of the hearing, the trial court sustained two categories of objections: those based on Long Grove's delay in acting on its ordinance, and those based on lack of contiguity of the proposed annexation. Accordingly, the court dismissed Long Grove's proceedings for annexation in case No. 80 MC 4. Long Grove appealed, and, although the case had not been decided at the time the parties here submitted briefs, we have recently affirmed the court's judgment in that case. (In re Petition of Village of Long Grove (1987), 156 Ill. App. 3d 1056.) We denied a petition for rehearing, and the matter is currently pending on a petition for leave to appeal to the supreme court.

On May 22, 1986, after dismissal of its annexation proceeding, Long Grove filed an application for leave to file a complaint in quo warranto challenging Buffalo Grove's annexation. Inter alia, Long Grove alleged in its complaint that it had priority over Buffalo Grove with respect to certain of the territory by virtue of its 1980 annexation ordinance. Buffalo Grove filed a response in opposition to the application, and Long Grove filed a reply. The court heard arguments and on July 10, 1986, granted Long Grove leave to file its complaint in quo warranto. Long Grove's complaint filed that same day was essentially a copy of its petition for leave to file and alleged that the Buffalo Grove annexation proceedings were null and void for numerous reasons. Buffalo Grove's motion for reconsideration of the court's ruling granting Long Grove leave to file its complaint in quo warrantor was denied. Long Grove subsequently filed an amended complaint in quo warranto challenging the validity of Buffalo Grove's annexation, and Buffalo Grove answered.

After hearing on the parties' cross-motions for summary judgment and supporting memoranda, the court entered summary judgment for Buffalo Grove as noted above, finding that Long Grove did not have standing to prosecute the complaint in quo warranto.

The foremost issue to be decided is whether Long Grove had a sufficient private interest to warrant leave to file its complaint in quo warranto. Long Grove contends it had a sufficient private interest in that (1) its annexation ordinance had not yet been defeated at the time Buffalo Grove enacted its ordinance, and the subsequent dismissal of its ordinance was then pending on appeal; (2) a substantial portion of the territory was within its comprehensive plan area; (3) a substantial portion of the territory was subject to a sewer subarea agreement between ...


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