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09/25/89 the Village of Lisle, v. Action Outdoor Advertising

September 25, 1989

THE VILLAGE OF LISLE, PLAINTIFF-APPELLANT

v.

ACTION OUTDOOR ADVERTISING COMPANY ET AL., DEFENDANTS-APPELLEES (MICHAEL ST. ONGE, DEFENDANT)



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

544 N.E.2d 836, 188 Ill. App. 3d 751, 136 Ill. Dec. 150 1989.IL.1485

Appeal from the Circuit Court of Du Page County; the Hon. John W. Darrah, Judge, presiding.

APPELLATE Judges:

JUSTICE INGLIS delivered the opinion of the court. UNVERZAGT, P.J., and DUNN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS

Plaintiff, Village of Lisle (Village), brought this action against defendants, Action Outdoor Advertising Company, Chester H. Smith, Judith M. Smith, and Michael St. Onge, seeking to enjoin defendants from constructing an outdoor advertising sign on the Smiths' property. The Village's action was based upon an "Annexation Agreement" between the Village and the Smiths providing for the future annexation of the Smiths' property by the Village. After the Village's motion for a temporary restraining order and petition for preliminary injunction were denied, the parties filed cross-motions for summary judgment. The trial court denied the Village's motion for summary judgment and granted defendants' motion for summary judgment. The Village now appeals from the trial court's order granting summary judgment in favor of defendants. We affirm.

The Village is an Illinois municipal corporation located in Du Page County. Defendants Chester and Judith Smith are the owners and holders in joint tenancy of property located at 25 W. 241 and 25 W. 253 Ogden Avenue, in unincorporated Du Page County. The Smiths' property is not contiguous to the Village and is located approximately 648 feet from the Village's corporate limits.

In late 1985 or early 1986, the Smiths obtained approval from Du Page County to have a parcel of the subject property rezoned as a community business district. At that time, the Smiths were asked if they were interested in tapping into the Village sewer system. The Smiths subsequently contacted the Village and expressed their interest in doing so. At the same time, the Smiths agreed to enter into a preannexation agreement. The Smiths subsequently filed a petition for annexation with the Village requesting annexation of their property.

On February 16, 1987, the Village and the Smiths entered into an annexation agreement which provided for the future annexation and zoning of the Smiths' property when the property becomes contiguous to the Village. The agreement was signed by the Village president and the Smiths and was attested to by the Village clerk. Paragraph 2 of the annexation agreement provided that the Smiths would install, or otherwise construct all landscaping, parking areas, lighting, signage, utilities, structures, or improvements of any kind upon the property in accordance with plans appended to the annexation agreement and determined to have been in accordance with the Village's code. The agreement further referred to the Smiths' petition for annexation and provided that the Smiths would not seek annexation by any other municipality and would object to any other municipality's attempt to annex their property. The Village subsequently passed and approved a resolution authorizing the execution of the annexation agreement.

On October 2, 1987, the Smiths entered into a lease with defendant, Action Outdoor Advertising Company (Action), allowing Action to erect and maintain an outdoor advertising display on the Smiths' property. Action subsequently obtained a building and use permit from Du Page County for the construction of a 14-foot by 48-foot double-faced sign.

On January 13, 1988, Action began construction of the outdoor sign on the Smiths' property. Agents of the Village became aware of the construction and immediately served Action with a stop-work order instructing Action to cease and desist from constructing and installing the outdoor sign at that location. Action refused to comply with the stop-work order.

On January 14, 1988, the Village filed the instant action for injunctive and other relief against the Smiths, Action, and Action's president, Michael St. Onge. The Village's complaint alleged that construction of the sign on the Smiths' property was in violation of the annexation agreement executed between the Smiths and the Village. The Village's complaint further alleged that the construction of the sign at that location frustrated and interfered with the aesthetic and safety goals of the Village and violated the terms of the annexation agreement. The Village sought a preliminary and permanent injunction, damages for breach of contract, and, as against Action and St. Onge, an award of punitive damages. Contemporaneously with filing its complaint for injunctive and other relief, the Village filed an emergency motion for a temporary restraining order. The Village's motion alleged that the continued construction and installation of the outdoor sign would cause the Village immediate and irreparable injury. The trial court denied the temporary restraining order after a hearing and continued the cause for further proceedings.

On January 27, 1988, the trial court held a hearing on the Village's motion for entry of a preliminary injunction. At that hearing, the Village dismissed Michael St. Onge as a party defendant. The trial court subsequently entered an order providing for further briefing by the parties and continuing the cause for further proceedings. On February 4, 1988, the trial court entered an order denying the Village's motion for a preliminary injunction and setting the cause for trial.

The parties subsequently filed cross-motions for summary judgment. On July 21, 1988, the trial court held a hearing on the motions at which time it continued the cause ...


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