Appeal from Circuit Court of Sangamon County. No. 02MR161. Honorable Leslie J. Graves, Judge Presiding.
The opinion of the court was delivered by: Presiding Justice Knecht
Defendant, County of Sangamon (County), appeals the trial court's grant of summary judgment in favor of plaintiff, Village of Chatham (Village), and its finding that Division 15.1 (65 ILCS 5/11-15.1-1 through 11-15.1-5 (West 2002)) of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/1-1-1 through 11-152-4 (West 2002)) granted the Village zoning and building-code jurisdiction over lands subject to annexation agreements. Specifically, the County argues (1) the court erred in finding the Village had zoning and building-code jurisdiction; (2) section 11-15.1-2.1 is unconstitutional special legislation; (3) the court's interpretation of Division 15.1 made it an invalid exercise of police power; (4) issues of material fact existed to preclude summary judgment; and (5) declaratory judgment was improper. We affirm.
A. Overview of Relevant Statutory and Case Law
In 1963, the Illinois legislature passed Division 15.1 of the Municipal Code, granting municipalities the power to enter into annexation agreements with owners of unincorporated territory, providing that the land could be annexed to the municipality once it became contiguous to the property. 1963 Ill. Laws 2157 (eff. July 31, 1963) (adding Ill. Rev. Stat. 1963, ch. 24, pars. 11-15.1-1 through 11-15. 1-5). In 1989, the Second District held the land subject to these agreements had to be contiguous. Annexation agreements concerning noncontiguous land were declared invalid. Village of Lisle v. Action Outdoor Advertising Co., 188 Ill. App. 3d 751, 544 N.E.2d 836 (1989) (Second District). In 1990, the legislature amended section 11-15.1-1 of the Municipal Code to provide for municipal jurisdiction over the lands subject to annexation agreements and to permit annexation agreements to cover noncontiguous lands as follows:
"Property that is the subject of an annexation agreement adopted under this [s]section is subject to the ordinances, control, and jurisdiction of the municipality in all respects the same as property owned by the municipality that lies within its corporate limits.
Lack of contiguity to the municipality of property that is the subject of an annexation agreement does not affect the validity of the agreement whether approved by the corporate authorities before or after the effective date of this amendatory Act of 1990." Pub. Act 86-1169, §1, eff. January 1, 1991 (1990 Ill. Laws 1611, 1612-13).
In 1993, the first paragraph quoted above was moved to a new section (11-15.1-2.1) of the Municipal Code, and a provision mandating contiguity as a condition of jurisdiction in Cook County, the collar counties, and the metro-east area was added. Pub. Act 87-1137, §1, eff. January 1, 1993 (1992 Ill. Laws 3091); as amended, see 65 ILCS 5/ 11-15.1-1, 11-15.1-2.1 (West Supp. 1993).
In April 2001, this court decided City of Springfield v. Judith Jones Dietsch Trust, 321 Ill. App. 3d 239, 746 N.E.2d 1272 (2001), to determine whether the City of Springfield or the Village had jurisdiction to regulate the subdivision of property contiguous to Springfield and within its statutory planning jurisdiction but subject to an annexation agreement between the property owner and the Village. This court held in cases where property is subject to conflicting claims of jurisdiction, the annexing municipality's subdivision and zoning jurisdiction overrides another municipality's statutory grant of planning jurisdiction over its formerly unincorporated planning area.
In January 2002 and July 2002, this court held the City of Springfield had statutory rights superior to both the Village and the County to regulate septic systems extraterritorially, even over lands subject to an annexation agreement, pursuant to section 11-125-2 of the Municipal Code and section 96.019 of City of Springfield Code of Ordinances. City of Springfield v. Hashman, No. 4-01-0002 (January 17, 2002) (unpublished order under Supreme Court Rule 23), vacated & reconsidered, 332 Ill. App. 3d 748, 774 N.E.2d 427 (2002); Springfield Code of Ordinances, ch. 96, §96.019 (1988). In its later resolution, this court did not discuss Judith Jones Dietsch Trust or consider the City's arguments concerning the annexation agreement and zoning ordinances.
B. Procedural Background of This Controversy
In March 2003, the Village filed a complaint against the County for declaratory judgment that it had zoning and building-code jurisdiction over the lands subject to annexation agreements pursuant to section 11-15.1-2.1 of the Municipal Code. In May 2002, the County filed a counterclaim for declaratory judgment that it, not the Village, had legal jurisdiction over the lands in issue for zoning, building-code, and Plat Act (765 ILCS 205/1 through 14 (West 2002)) purposes. The County later dropped the Plat Act portion of the counterclaim.
The County also filed two affirmative defenses to the Village's claim. The County claimed section 11-15.1-2.1 of the Municipal Code was unconstitutional as special legislation. It also claimed Division 15.1 was an invalid exercise of police powers.
In May 2002, while awaiting the outcome of this litigation, the Village and County entered into a stipulation whereby both the County and Village could issue building permits for lands subject to annexation agreements but only the County would charge a fee. Those fees are maintained by the clerk of the county and held in escrow until the resolution of this case.
In June 2002 and October 2002, the Village and the County filed cross-motions for summary judgment. In June 2003, the trial court granted summary judgment in favor of the Village. The court found "Division 15.1 of the Municipal Code grants jurisdiction over lands subject to annexation agreements." The court relied on this court's holding in Judith Jones Dietsch Trust and agreed with the Village that "the intent of the legislature's amendments to [Division 15.1] following Lisle was an overt attempt to overrule that decision legislatively and give full extraterritorial building and zoning jurisdiction over lands subject to annexation agreements." This appeal followed.
We must determine whether the Village or the County has zoning and building-code jurisdiction of unincorporated property within the statutory zoning jurisdiction of the County but subject to an annexation agreement with the Village. This case is on appeal from the trial court's grant of a motion for summary judgment in favor of the Village.
Summary judgment is appropriate when the pleadings, depositions, admissions, and affidavits, if any, show no genuine issues as to any material fact appear and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2002); First of America Bank v. Netsch, 166 Ill. 2d 165, 176, 651 N.E.2d 1105, 1110 (1995). Where the matter before the trial court can be decided as a question of law, summary judgment is appropriate. Netsch, 166 Ill. 2d at 176, 651 N.E.2d at 1110. The interpretation of a statute is a question of law, and we review the trial court's interpretation de novo. Hall v. Henn, 208 Ill. 2d 325, 328, 802 N.E.2d 797, 798 (2003).
A. Zoning and Building-Code Jurisdiction
The County argues it has zoning jurisdiction under section 11-13-1 of the Municipal Code and building-code jurisdiction pursuant to section 5-1063 (55 ILCS 5/5-1063 (West 2002)) of the Illinois Counties Code (Counties Code) (55 ILCS 5/1-1001 through 7-1001 (West 2002)). The Village contends Division 15.1 of the Municipal Code controls and grants municipalities zoning and building-code jurisdiction in areas governed by annexation agreements.
Unless expressly granted by the legislature, municipalities have no jurisdiction beyond their corporate limits. Petterson v. City of Naperville, 9 Ill. 2d 233, 243, 137 N.E.2d 371, 377 (1956). Section 11-13-1 of the Municipal Code grants a municipality zoning power within its corporate limits and within contiguous territory not more than 1 1/2 miles beyond the municipality's corporate limits and not belonging to another municipality. 65 ILCS 5/11-13-1 (West 2002). This section limits the zoning power of municipalities in counties with a zoning plan as follows:
"No municipality shall exercise any power set forth in this Division 13 outside the corporate limits thereof, if the county in which such municipality is situated has adopted 'An Act in relation to county zoning', approved June 12, 1935, as amended." 65 ILCS 5/11-13-1 (West 2002).
Section 5-1063 of the Counties Code grants counties building-code power over buildings located outside a ...