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07/13/88 the People Ex Rel. the v. the Village of Long Grove

July 13, 1988

THE 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 ET AL., PLAINTIFFS; LANE INDUSTRIES, INC., ET AL., INTERVENORS-APPELLANTS)



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

526 N.E.2d 670, 173 Ill. App. 3d 946, 122 Ill. Dec. 411 1988.IL.1084

Appeal from the Circuit Court of Lake County; the 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 annexing both the Otis and Lane parcels. On February 16, 1987, Long Grove notified Buffalo Grove of its annexation of the property and notified the property owners on February 26, 1987.

Beginning in January 1987, and continuing into June 1987, Buffalo Grove engaged in the process of reviewing and assessing the petition for voluntary annexation filed by the owners of the Otis parcel. On June 1, 1987, Buffalo Grove passed an ordinance annexing the Otis parcel.

Several events occurred between the time that Otis first filed its voluntary annexation petition and Buffalo Grove's eventual passage of its annexation ordinance. On March 2, 1987, the beneficial owners of the Otis parcel notified Long Grove by letter that there was an error in the legal description of the Otis parcel contained in the Long Grove annexation ordinance. On March 24, 1987, Long Grove adopted a second annexation ordinance which incorporated the original ordinance, but corrected the error in the legal description. On March 27, 1987, Buffalo Grove, Northbrook Trust, and Otis filed a petition for leave to file a complaint in quo warranto. On April 20, 1987, Long Grove filed its objection to the petition.

On April 9, 1987, Lane petitioned Long Grove for the zoning necessary to allow construction of a financial institution as well as other retail buildings. On April 28, 1987, Long Grove adopted an ordinance giving preliminary approval for Lane's zoning request.

On May 18, 1987, the trial court held a hearing on the petition for leave to file a complaint in quo warrantor and continued the matter to May 28, 1987, at which time an agreed order was entered into by Otis and Long Grove. The agreed order provided that Otis would petition Long Grove for zoning approval for its parcel and Long Grove would expedite consideration of the petition. Buffalo Grove was not a party to the order. On May 26, 1987, Otis filed its petition for rezoning with Long Grove, and on July 28, 1987, Long Grove adopted an ordinance giving preliminary approval for development of the Otis parcel. The ordinance also required Otis and Northbrook Trust to dismiss with prejudice their pending petition for leave to file a complaint in quo warrantor within 10 days of their receiving final approval from Long Grove.

On August 10, 1987, Otis and Northbrook Trust filed an amended motion for voluntary dismissal with prejudice pursuant to section 2-1009 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-1009) which was granted. Also, on August 10, 1987, Lane ...


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