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09/08/89 the People Ex Rel. the v. the Village of Glenview

September 8, 1989

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

v.

THE VILLAGE OF GLENVIEW, DEFENDANT-APPELLEE AND CROSS-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION

551 N.E.2d 235, 194 Ill. App. 3d 560, 141 Ill. Dec. 242 1989.IL.1396

Appeal from the Circuit Court of Cook County; the Hon. Thomas R. Rakowski, Judge, presiding.

APPELLATE Judges:

JUSTICE McNAMARA delivered the opinion of the court. EGAN, P.J., and QUINLAN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCNAMARA

Plaintiff, the Village of Northbrook, and defendant, the Village of Glenview, both sought to annex the same property, designated as parcels 7, 8, 9, 10, 11 and 12, and subsequently filed these quo warranto actions pursuant to section 18-101 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 18-101 et seq.). The parties filed cross-motions for summary judgment. The trial court entered summary judgment in favor of Glenview with respect to parcels 9, 10, 11 and 12 and entered summary judgment in favor of Northbrook with respect to parcels 7 and 8. Northbrook appeals, and Glenview cross-appeals. Each seeks the right to annex all six parcels, and each contends that it attained exclusive jurisdictional priority over the property. Northbrook also contends that Glenview's annexation proceedings suffer from fatal procedural defects.

The unincorporated territory totals less than 60 acres and is surrounded by the village boundaries of Northbrook and Glenview, as shown in the diagram contained in the appendix to this opinion.

On February 1, 2 and 3, 1988, Northbrook published notices regarding the annexation of the property at issue in the Chicago Tribune pursuant to section 7-1-13 of the Illinois Municipal Code (Ill. Rev. Stat. 1987, ch. 24, par. 7-1-13) (involuntary annexation provision).

On February 3, Northbrook notified the trustees of the Northbrook and Glenbrook rural fire protection districts in writing by certified mail that Northbrook's board of trustees would consider the annexation on February 15, 1988.

On February 11 and 12, Glenview received petitions signed by all owners and electors residing in the disputed territory, requesting annexation of the property by Glenview, pursuant to section 7-1-8. Ill. Rev. Stat. 1987, ch. 24, par. 7-1-8 (voluntary annexation provision).

On February 15, Northbrook held its board of trustees' meeting. By unanimous vote, the board adopted an ordinance annexing the property. On February 16, Northbrook published the ordinance. On the same day, Northbrook recorded the ordinance and affidavits of service to the fire protection districts with the recorder of deeds.

On February 18 and 19, Glenview personally served the trustees of the Northbrook and Glenbrook rural fire protection districts with notice of Glenview's consideration of an ordinance to annex the disputed property.

On March 1, Glenview adopted four annexation ordinances, including all of the disputed property. On March 2, Glenview recorded the ordinances with certifications of notice signed by its village clerk. On March 2, Northbrook asked the Attorney General of Illinois and the Cook County State's Attorney to bring quo warrantor actions against Glenview, but those officials refused to do so, stating it was a local matter.

On March 9, Northbrook sought leave to bring this action in the trial court. On March 25, Glenview sought leave to bring its action. The trial court granted both villages leave to file quo warrantor actions. The parties entered a ...


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