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01/27/88 the People Ex Rel. John C. v. the Village of Seneca Et

January 27, 1988

THE PEOPLE EX REL. JOHN C. VAN CLEAVE ET AL., PLAINTIFFS-APPELLANTS

v.

THE VILLAGE OF SENECA ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

519 N.E.2d 63, 165 Ill. App. 3d 410, 116 Ill. Dec. 473 1988.IL.88

Appeal from the Circuit Court of La Salle County; the Hon. William P. Denny, Judge, presiding.

APPELLATE Judges:

JUSTICE WOMBACHER delivered the opinion of the court. BARRY, P.J., and HEIPLE, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOMBACHER

At a special meeting on February 19, 1985, the Village of Seneca (Village), located in La Salle County, Illinois, adopted an ordinance authorizing the execution of four annexation agreements. Under certain of the agreements the property owners of the annexed lands were exempt from paying real estate taxes for 20 years. Another agreement authorized an immediate issuance of a village liquor license to the property owner. That agreement was later amended to provide that the issuance of the liquor license would be contingent upon compliance with both the village liquor ordinance and the State Liquor Control Act of 1934 (Ill. Rev. Stat. 1985, ch. 43, par. 94 et seq.).

The plaintiffs in this suit requested the La Salle County State's Attorney and the Attorney General of the State of Illinois to file a quo warrantor proceeding on the annexation. Both offices declined to bring the action.

The plaintiffs filed an application for leave to file a complaint in quo warranto. On February 20, 1987, the trial court denied the application on the ground that none of the plaintiffs had demonstrated the requisite statutory standing to bring the complaint.

The plaintiffs in this action and their asserted interests are as follows:

(1) John and Susan Van Cleave own real estate in Seneca and assert an anticipated tax increase in real estate taxes due to the waiver extended to certain annexed properties;

(2) Anna Cline owns real estate in and is a resident of Seneca. She asserts an anticipated increase in real estate taxes due to the taxation waiver extended to certain annexed properties;

(3) Francis and Esther Huss own real estate in and reside in La Salle County. Their property has been totally surrounded by the property encompassed in the annexation agreements. They assert that the potential for an ex parte annexation by Seneca exists and a resultant real estate tax increase is anticipated;

(4) The Township of Brookfield asserts that certain Township roads which were annexed by Seneca will cause a loss of motor fuel tax revenue because of the loss of the roads under its jurisdiction. Additionally, a referendum had established a prohibition against the sale of alcoholic liquor within the Township; the annexation agreement authorizing the issuance of a liquor license allegedly violates the prohibition.

Plaintiffs Huss and the Township of Brookfield had previously initiated an identical action prior to the finalization of the annexation. The trial court denied that ...


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