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02/22/88 In Re Proposed Incorporation of the Village of Frankfort

February 22, 1988

IN RE PROPOSED INCORPORATION OF THE VILLAGE OF FRANKFORT


Before addressing these questions, we first respond to certain motions brought in this court. It appears that on September 9, 1987, the Village of Frankfort held a meeting at which an ordinance was passed annexing approximately 100 acres of the territory with which we are here concerned. On September 11, the incorporators moved for a stay in this court, seeking to re-establish the status quo. We allowed that motion over the objections of the villages. The issues were briefed, and then the Village of Frankfort moved to dismiss the appeal as moot on the ground that the territory under consideration now includes a portion of an existing municipality, contrary to article 2, division 3, of the Municipal Code (Ill. Rev. Stat. 1985, ch. 24, par. 2-3-1 et seq.).

APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

SQUARE, WILL COUNTY (Petitioners Seeking to

Incorporate Frankfort Square,

Petitioners-Appellants, v.

The Village of Frankfort et al., Objectors and

Intervenors-Appellees)

519 N.E.2d 721, 166 Ill. App. 3d 146, 116 Ill. Dec. 653 1988.IL.247

Appeal from the Circuit Court of Will County; the Hon. Herman S. Haase, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE BARRY delivered the opinion of the court. STOUDER and SCOTT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BARRY

Petitioners (incorporators) are residents of an area in Will County that is circumscribed primarily by Lincoln Highway (U.S. Route 30) on the south, by Tinley Park Road on the north, by Harlem Avenue (State Highway 43) on the east and, at its widest point, by 96th Avenue (U.S. Route 45) on the west. On June 24, 1987, petitioners filed this action in the circuit court of Will County for a ruling pursuant to section 2-3-5a of the Illinois Municipal Code (Code) (Ill. Rev. Stat. 1985, ch. 24, par. 2-3-5a) that the area, which they sought to name the Village of Frankfort Square, is a village in fact.

The petition alleged, inter alia, that the proposed incorporation area consists of at least four square miles, no part of which lies within any existing city or village; that approximately 7,900 residents live in the area, more than 2,500 of whom reside in permanent dwellings; and that the name "Village of Frankfort Square" had not been adopted by any other Illinois municipality. The petitioners sought to submit to the voters in the general election of November 1987 the question of the incorporation of the proposed Village of Frankfort Square.

Thereafter, on July 21 and July 22, 1987, the Village of Frankfort and the Village of Mokena, respectively, filed petitions for leave to intervene and objections to the proposed petition for incorporation. (Appearances and objections were also filed on behalf of the Arbury Hills Homeowners' Association and various individuals; however, on motion of the incorporators, the trial court denied them leave to intervene and dismissed their objections.) The trial court allowed the villages' petitions to intervene over the objections of the incorporators. The intervenors moved for summary judgment on the ground that the proposed incorporation area contains fewer than 7,500 residents according to the 1980 Federal census and that therefore consents were required pursuant to section 2 -- 3 -- 5a. It is undisputed that consents had not been obtained from the Villages of Frankfort and Mokena, both of which lie within 1 1/2 miles of the proposed incorporation area. The villages' motion was supported by affidavits of the village clerks and certified copies of the 1980 United States census records for the territory in question. ...


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