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06/13/97 PROPOSED INCORPORATION VILLAGE HOMER GLEN

June 13, 1997

IN RE PROPOSED INCORPORATION OF THE VILLAGE OF HOMER GLEN (TOWNSHIP OF HOMER INCORPORATION COMMITTEE, PETITIONERS-APPELLANTS,
v.
EDMUND SENDRA, EMILY SKOGH, AND RALPH SKOGH, RESPONDENTS-APPELLEES).



Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois, No. 96--MR--7039. Honorable William R. Penn, Judge, Presiding.

Released for Publication July 16, 1997.

Present - Honorable Tom M. Lytton, Presiding Justice, Honorable Kent Slater, Justice, Honorable Peg Breslin, Justice. Justice Slater delivered the opinion of the court. Lytton, P.j., and Michela, J., concur.

The opinion of the court was delivered by: Slater

The Honorable Justice SLATER delivered the opinion of the court:

Petitioners appeal from the order of the circuit court dismissing their petition to incorporate the proposed Village of Homer Glen. We affirm.

On May 28, 1996, petitioners filed a petition to incorporate certain lands in Will County as the Village of Homer Glen pursuant to section 2-3-5a of the Illinois Municipal Code (Code) (65 ILCS 5/2-3-5a (West 1994)). That section provides in part:

"ยง 2-3-5a. Incorporation of village.

(a) Whenever in any county of 150,000 or more population as determined by the last preceding federal census any area of contiguous territory contains at least 4 square miles and 2500 inhabitants residing in permanent dwellings, that area may be incorporated as a village if a petition filed by 250 electors residing within that area is filed with the circuit clerk of the county in which such area is located addressed to the circuit court for that county. The petition must set forth:

(1) a legal description of the area intended to be included in the proposed village,

(2) the number of residents in that area,

(3) the name of the proposed village, and

(4) a prayer that the question of the incorporation of the area as a village be submitted to the electors residing within the limits of the proposed village." 65 ILCS 5/2-3-5a (West 1994).

The initial hearing on the petition was set for July 1, 1996. At that hearing, respondents appeared and were granted leave to file objections to the petition. The hearing was continued to July 2. Respondents contended that the petition was defective in a number of respects, including: (1) failure to obtain certain determinations by the county board as required by section 2-3-18 of the Code (65 ILCS 5/2-3-18 (West 1994)); (2) failure to include an affidavit of publication as required by section 28-2(g) of the Election Code (10 ILCS 5/28-2(g) (West 1994)); (3) the absence of a legal description on the signature sheets circulated by petitioners; (4) failure to indicate the specific date of the election; and (5) other alleged defects. On July 2, 1996, the trial court dismissed the petition for failure to comply with section 2-3-18 of the Code. Petitioners filed a motion to modify the judgment, seeking clarification of the court's ruling with respect to the other objections made by respondents. The trial court subsequently issued a modified order in which it sustained all of respondents' objections ...


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