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06/08/88 People Ex Rel . the v. the Village of Long Grove

June 8, 1988

PEOPLE EX REL . THE VILLAGE OF BUFFALO GROVE, PLAINTIFF-APPELLANT AND CROSS-APPELLEE

v.

THE VILLAGE OF LONG GROVE, DEFENDANT-APPELLEE AND CROSS-APPELLANT (OTIS DEVELOPMENT COMPANY, AND NORTHBROOK TRUST & SAVINGS BANK, AS TRUSTEE



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

Industries, Inc., and Northbrook

Trust & Savings Bank, as

Trustee under Trust No.

LT-811,

Intervenors)

No. 2-87-0946 1988.IL.889

Appeal from the Circuit Court of Lake County, No. 87 MR 112, Hon. Bernard E. Drew, Jr., Judge Presiding.

APPELLATE Judges:

JUSTICE REINHARD delivered the opinion of the court, LINDBERG, P.J., and UNVERZAGT, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE REINHARD

Plaintiff, Village of Buffalo Grove (Buffalo Grove), filed a petition for leave to file a complaint in quo warrantor in the circuit court of Lake County contesting the validity of an annexation by defendant, Village of Long Grove (Long Grove). Lane Industries, Inc., and Northbrook Trust & Savings Bank intervened as defendants. Following a hearing on August 31, 1987, the trial court entered an order on October 6, 1987, in which it denied Buffalo Grove's amended petition to file a complaint in quo warrantor on the basis that it did not show Buffalo Grove had a private interest to institute the complaint. Buffalo Grove filed this appeal, and defendants filed a cross-appeal.

Buffalo Grove, in its appeal, raises the issue of whether the trial court abused its discretion in denying Buffalo Grove's petition for leave to file a complaint in quo warranto. Defendants, in their cross appeal, raise the issues of whether Buffalo Grove abandoned its annexation proceeding, and whether Buffalo Grove was barred by laches from filing a petition for leave to file a complaint in quo warrantor ; these issues were decided adverse to defendants below even though the judgment was for defendants on a different basis.

The parcel of land at issue in this case adjoins Long Grove on its, the parcel's, north side and otherwise abuts Buffalo Grove. It essentially consists of a northern parcel (Otis parcel) which abuts both Long Grove and Buffalo Grove and a southern parcel (Lane parcel) which adjoins the northern parcel and also abuts Buffalo Grove. The northern parcel was in a land trust the trustee of which was Northbrook Trust & Savings Bank (Northbrook Trust), and the beneficial owner was Otis Development Company (Otis). The southern parcel was also in a land trust whose trustee was Northbrook Trust, and the beneficial owner was Lane Industries, Inc. (Lane).

In December 1986, Otis met with the Buffalo Grove village manager to discuss possible annexation of the Otis parcel into Buffalo Grove. On January 7, 1987, Buffalo Grove received a petition for concept and preliminary plan review from Otis. On January 17, 1987, Long Grove published notice in the Chicago Tribune, pursuant to section 7-1-13 of the Illinois Municipal Code (Ill. Rev. Stat. 1985, ch. 24, par. 7-1-13), of its intent to annex both parcels of land. On January 23, 1987, Otis filed a voluntary petition to annex its property to Buffalo Grove pursuant to section 7-1-8 of the Illinois Municipal Code (Ill. Rev. Stat. 1985, ch. 24, par. 7-1-8). On January 27, 1987, Long Grove passed an ordinance ...


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