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03/30/88 Woodfield Lanes, Inc., v. the Village of Schaumburg

March 30, 1988

WOODFIELD LANES, INC., PLAINTIFF-APPELLEE

v.

THE VILLAGE OF SCHAUMBURG ET AL., DEFENDANTS-APPELLANTS



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

523 N.E.2d 36, 168 Ill. App. 3d 763, 119 Ill. Dec. 568 1988.IL.447

Appeal from the Circuit Court of Cook County; the Hon. Anthony J. Scotillo, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE WHITE delivered the opinion of the court. RIZZI and FREEMAN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WHITE

Plaintiff Woodfield Lanes, Inc., filed this action against defendant Village of Schaumburg (Village) and three other defendants, suing to recover on a contract implied in law in count I and seeking recovery for constructive fraud and breach of fiduciary duty in counts II and IV. Counts III and V of the complaint are not directed against the Village. The Village appeals from an order granting plaintiff's motion for summary judgment on count I and awarding plaintiff $69,197.14 plus interest. Plaintiff cross-appeals from the order granting defendant's motion for summary judgment on counts II and IV.

In its answers to plaintiff's complaint and motion for summary judgment, the Village admitted the following facts. In 1979 plaintiff sought to build a bowling alley on its property in Schaumburg. Plaintiff constructed a sewer and water main in Golf Road, connecting its property with the Village's sewer and water lines, in a manner that readily allowed connections for four other parcels of property with frontage on Golf Road. In 1981 the Village enacted an ordinance which allowed plaintiff to recover part of its costs for construction of the sewer and water main.

The ordinance provides in its preamble:

"[The] Village has approved and accepted [the] sewer and water line [constructed by plaintiff] . . .; and . . . the property directly benefited from said sanitary [sewer] and watermain is legally described as Exhibit B . . . ('Parcel 1, Parcel 2, Parcel 3, and Parcel 4'); and . . . the Village has determined that the owners of any properties benefiting from said improvement desiring to make use thereof shall pay the proportionate share of the cost of said improvement . . .." (Village of Schaumburg, Ill., Ordinance No. 2021 (July 21, 1981).)

Exhibit B consists of the legal descriptions of the four parcels with frontage on Golf Road.

In the body of the ordinance, section 1 states:

"The cost of connecting to the sewer line and watermain hereinabove described for any of the area benefited as set forth in Exhibit B shall be as follows:

Parcel 4 [ 69,197.14

. . . Said payment shall be made upon the connection requested by the owners of the property benefited by said agreement." (Village of Schaumburg, ...


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