THE BOARD OF EDUCATION OF GARDNER-SOUTH WILMINGTON HIGH SCHOOL DISTRICT 73, Plaintiff-Appellee,
THE VILLAGE OF GARDNER, Defendant-Appellant
Appeal from the Circuit Court of the 13th Judicial Circuit, Grundy County, Illinois, Circuit No. 12-L-46. The Honorable Robert C. Marsaglia, Judge, Presiding.
Summary judgment was properly entered for plaintiff school district in its action to collect money due the district from defendant village pursuant to a license agreement under which the district granted the village a license to use outdoor recreational facilities owned by the district in the village's TIF district, notwithstanding the village's contention that the district violated the agreement by using the village's payments for purposes other than capital costs, since nothing in the license agreement or the Tax Increment Allocation Redevelopment Act limited how the district could spend the funds it was paid by the village.
Scott M. Belt and Bradley Nolden (argued), both of Scott M. Belt & Associates, P.C., of Morris, for appellant.
Kenneth M. Florey (argued) and M. Neal Smith, both of Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., of Chicago, for appellee.
JUSTICE McDADE delivered the judgment of the court, with opinion. Justices Carter and Wright concurred in the judgment and opinion.
[¶1] In 1986, the Village of Gardner (Village) entered into an agreement with the Board of Education of Gardner-South Wilmington High School District 73 (District). The agreement granted the Village a license to use the District's outdoor recreational facilities within the designated redevelopment area. In 2012, the District sued the Village, alleging that the Village failed to make the payments called for by the agreement. The trial court agreed and granted summary judgment in favor of the District. The Village appeals and argues that it was not required to make payments to the District because the District sought to spend the funds in violation of the Tax Increment Allocation Redevelopment Act (TIF Act) (65 ILCS 5/11-74.4-1 et seq. (West 2012)).
[¶2] Because neither the contract itself nor the TIF Act limits how the District may spend the funds it is paid by the
Village under the license agreement, we affirm.
[¶4] On December 29, 1986, pursuant to the TIF Act, the Village adopted a redevelopment plan and established the Gardner Redevelopment Project Area (TIF district). In aggregate, the TIF district encompassed an area of approximately 1 1/2 acres within the Village. The redevelopment plan and project were subsequently amended four times, most recently in 2007.
[¶5] The District owned some recreational property within the TIF district, which consisted of tennis courts and a baseball field. On December 29, 1986, the District and the Village entered into an agreement pursuant to the TIF Act, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq. (West 2012)), and the Illinois Constitution (Ill. Const. 1970, art. VII, § 10). In the agreement, the parties found that it would substantially benefit the property within the TIF district to provide public recreational facilities within the redevelopment area. The agreement granted the Village a nontransferable " license" to use the District's outdoor recreational facilities within the TIF ...