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12/16/88 Harris Trust and Savings v. the Village of Barrington

December 16, 1988

HARRIS TRUST AND SAVINGS BANK ET AL., PETITIONERS-APPELLANTS

v.

THE VILLAGE OF BARRINGTON HILLS, RESPONDENT-APPELLEE



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

532 N.E.2d 419, 177 Ill. App. 3d 673, 126 Ill. Dec. 734 1988.IL.1826

Appeal from the Circuit Court of Kane County; the Hon. Michael J. Colwell, Judge, presiding.

APPELLATE Judges:

JUSTICE INGLIS delivered the opinion of the court. UNVERZAGT and McLAREN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS

This action was brought to disconnect certain property from the Village of Barrington Hills (Village) pursuant to section 7-3-6 of the Illinois Municipal Code (Ill. Rev. Stat. 1985, ch. 24, par. 7-3-6). The only question at issue in the trial court was whether the disconnection would unreasonably disrupt the Village's growth prospects and plan and zoning ordinances. The trial court found that it would and therefore denied the disconnection.

On appeal, petitioners contend that the trial court erred in considering certain testimony as evidence that disconnection would unreasonably disrupt the growth prospects of the Village. Petitioners also contend that the trial court's decision was against the manifest weight of the evidence. We reverse.

The subject property is approximately 95 acres located at the western boundary of the Village of Barrington Hills. The property is surrounded by the Village of Carpentersville on all but its eastern side. (See diagram below.) The property in Carpentersville immediately adjacent to the subject property is a tract home development known as Meadowdale. The lots in this area are generally 50 to 60 feet by 100 to 110 feet. There is a church on the subject property, a farm house, a small cottage, and a newer home.

According to the "Comprehensive Plan for the Village of Barrington Hills," the Village covers approximately 27 square miles. Over 90% of the Village is zoned for five-acre single-family development.

Several experts testified as to the impact disconnection would have on the growth, planning, and zoning of Barrington Hills.

Steve Lenet testified that the only privately owned land in Barrington Hills adjacent to the subject property is developed with three single-family residences, each with one driveway access to Helm Road. Lenet stated that these lots were fully developed under Barrington Hills' zoning ordinance. On the east of the three lots and adjacent to the east boundary of the southern part of the subject property is Kane County Forest Preserve land.

Lenet testified that in his opinion disconnection would not unreasonably disrupt the planning of Barrington Hills. Lenet also testified that in his opinion disconnection would in no way be disruptive of the zoning efforts, zoning plan, or zoning ordinance of Barrington Hills. Lenet further testified that disconnection would not unreasonably disrupt the growth prospects of Barrington Hills because, under Barrington Hills' zoning, the greatest possible development of the subject property would be 14 to 15 single-family lots. He further stated that, because no unincorporated areas are contiguous to the property, no growth by annexation would be cut off.

James Coleman similarly testified that disconnection of the subject property should have minimum impact on the growth of Barrington Hills. He also testified that certain objectives of the Village's plan would not be affected by disconnection.

Donald P. Klein, executive director of the Barrington Area Council of Governments, testified that disconnection would unreasonably disrupt the Village's growth prospects because the public perception of the planning and zoning within the community would be eroded. Klein also testified that in his opinion disconnection would unreasonably disrupt the Village's plan. Klein also testified that disconnection would ...


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