Belmont Fire Protection District v. Village of Downers Grove

416 N.E.2d 292, 92 Ill. App. 3d 682, 48 Ill. Dec. 261, 1981 Ill. App. LEXIS 1989
CourtAppellate Court of Illinois
DecidedJanuary 14, 1981
Docket80-130
StatusPublished
Cited by13 cases

This text of 416 N.E.2d 292 (Belmont Fire Protection District v. Village of Downers Grove) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belmont Fire Protection District v. Village of Downers Grove, 416 N.E.2d 292, 92 Ill. App. 3d 682, 48 Ill. Dec. 261, 1981 Ill. App. LEXIS 1989 (Ill. Ct. App. 1981).

Opinion

Mr. JUSTICE VAN DEUSEN

delivered the opinion of the court:

In February of 1979, the Village of Downers Grove (the village) passed an ordinance by which it annexed certain territory (the annexed territory), part of which lies within the boundaries of the Belmont Fire Protection District (the district). That part of the annexed territory which lies within the district would have been disconnected from the district on January 1,1980, by operation of law, pursuant to section 20 of “An Act in relation to fire protection districts” (Ill. Rev. Stat. 1977, ch. 127%, par. 38.3), if the district had not initiated the proceeding below. Pursuant to statute (Ill. Rev. Stat. Í977, ch. 127%, par. 38.3), the district filed a timely petition objecting to the automatic disconnection of the territory within the district which the village had annexed. The petition included allegations that the disconnection would cause the territory remaining in the district to be noncontiguous and, by the loss of assessed valuation, would impair the district’s ability to render full and adequate fire protection service to the territory remaining in the district. The village was granted leave to intervene in this action.

The only question presented to and decided by the trial court was whether, under section 20 of “An Act in relation to fire protection districts” (Ill. Rev. Stat. 1977, ch. 127M, par. 38.3), the automatic disconnection of the annexed territory would result in the noncontiguity of the geographical areas remaining in the district. The trial court entered summary judgment in favor of the district and denied the village’s motion for partial summary judgment, finding as a matter of law that the disconnection would cause the two remaining parcels in the district to be noncontiguous.

The trial court found, and the parties agree, that the disconnection from the district of the annexed territory would divide the district’s remaining territory into two distinct parcels which would not physically touch. An examination of the record, including a map which the parties stipulated correctly depicts the territory of the district and the territory annexed to the village, indicates that the territory of the district lying south of 63d Street, approximately one-third of the total area of the district, would not physically touch territory of the district situated north of 63d Street, in the event that all of the annexed territory is disconnected from the district. The territory of the district on the north side of 63d Street would be separated, at its nearest point, from that south of 63d Street by a distance of one block (approximately 240'), as measured along 63rd Street between Belmont Road and Puffer Road.

On appeal, the village contends that the mere absence of physical touching between the district’s fire protection territory after the disconnection of the annexed territory does not create noncontiguous parcels as a matter of law where the territory remaining in the district will be divided into two parcels separated by only a distance of one block and where the parcels south of 63d Street will continue to be served via the same village streets as prior to the disconnection.

The meaning of the word “noncontiguous” as used in section 20 of “An Act in relation to fire protection districts” is at issue here. Section 20 of the statute provides in pertinent part:

“Any territory within a fire protection district that is or has been annexed to a city, village or incorporated town that provides fire protection for property within such city, village or incorporated town is, by operation of law, disconnected from the fire protection district as of the January first after such territory is annexed to the city, village or incorporated town * * *. Such disconnection by operation of law does not occur if, within 60 days after such annexation " " ", the fire protection district files with the appropriate court a petition alleging that such disconnection will cause the territory remaining in the district to be noncontiguous or that the loss of assessed valuation by reason of such disconnection will impair the ability of the district to render fully adequate fire protection service to the territory remaining with the district. When such a petition is filed, * * * the district has the burden of proving the truth of the allegations in its petition. ” (Ill. Rev. Stat. 1977, ch. 127M, par. 38.3.)

Although the legislature’s intent was to favor disconnection by making it automatic, it did not approve the creation of noncontiguous territory within a fire protection district. In re Petition of North Maine Fire Protection District (1977), 49 Ill. App. 3d 730, 735.

At the outset we note that we have not discovered any case interpreting the word noncontiguous as used in section 20 of the statute. However, in Wyman-Gordon Co. v. Lynch Area Fire District (1977), 51 Ill. App. 3d 451, a case involving an action to review a petition by a landowner seeking disconnection of property from a fire protection district pursuant to section 15 of “An Act in relation to fire protection districts” (Ill. Rev. Stat. 1975, ch. 127/2, par. 35), the court had an opportunity to interpret and define the word noncontiguous, albeit in a factual setting different from that now before this court. There the court stated that the word contiguous is to be given its common, ordinary meaning; that is, the remaining portions of the fire protection district lands after the disconnection must touch. (51 Ill. App. 3d 451, 454.) Since we have been unable to find any other case interpreting the word noncontiguous as used in the statute in question, it is necessary to turn for guidance to cases interpreting the same language in statutes governing the alteration of municipalities by annexation, disconnection or incorporation.

It has been stated that “contiguity” has the same meaning under the municipal disconnection statutes as under the annexation statutes (People ex rel. Hanrahan v. Village of Wheeling (1976), 42 Ill. App. 3d 825, 837; In re Annexation to Village of Wadsworth (1976), 35 Ill. App. 3d 957, 960, rev d on other grounds (1976), 65 Ill. 2d 148; In re Annexation to Village of Buffalo Grove (1970), 128 Ill. App. 2d 261, 266), and its use in the incorporation statutes is equally applicable to an interpretation of its meaning in the annexation statutes (People ex rel. Hanrahan v. Village of Wheeling; La Salle National Bank v. Village of Burr Ridge (1967), 81 Ill. App. 2d 209, 218). Furthermore, “[t]here is no cogent reason for suggesting that the word ‘contiguous’ means anything different in one statute than in the other.” La Salle National Bank v. Village of Burr Ridge.

Certain general principles have emerged from the cases which have defined the term contiguity as used in the statutes regulating the alteration of municipalities. Statutory requirements of contiguity mean contiguous in the sense of adjacent and parallel to existing municipal boundaries. (In re Annexation to Village of Plainfield (1975), 25 Ill. App. 3d 1026, 1031.) Contiguity exists where the tracts of land touch or adjoin in a reasonably substantial physical sense; however, the line of demarcation between the reasonableness or unreasonableness of a contiguity must be determined on the facts of each case. (Western National Bank v. Village of Kildeer (1960), 19 Ill. 2d 342, 352; People ex rel. Hanrahan v. Village of Wheeling (1976), 42 Ill. App.

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Bluebook (online)
416 N.E.2d 292, 92 Ill. App. 3d 682, 48 Ill. Dec. 261, 1981 Ill. App. LEXIS 1989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belmont-fire-protection-district-v-village-of-downers-grove-illappct-1981.