City of Highland Park v. County of Cook

344 N.E.2d 665, 37 Ill. App. 3d 15, 1975 Ill. App. LEXIS 3502
CourtAppellate Court of Illinois
DecidedSeptember 30, 1975
Docket74-384
StatusPublished
Cited by26 cases

This text of 344 N.E.2d 665 (City of Highland Park v. County of Cook) 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
City of Highland Park v. County of Cook, 344 N.E.2d 665, 37 Ill. App. 3d 15, 1975 Ill. App. LEXIS 3502 (Ill. Ct. App. 1975).

Opinions

Mr. JUSTICE HALLETT

delivered the opinion of the court:

This action was filed in the Circuit Court of Lake County on November 6, 1974, by the City of Highland Park, seeking to enjoin the County of Cook and its Highway Superintendent from constructing a four-lane divided highway (replacing a two-lane single slab) in that portion of the right of way of Lake Cook Road (dividing Lake and Cook Counties) which lies within the corporate limits of the City.

The defendants filed a special appearance and moved to dismiss for want of jurisdiction or to transfer the case to Cook County, which motion was denied. They then moved to strike and dismiss the complaint on various grounds (want of jurisdiction, res judicata and failure to allege either irreparable injury or unlawful actions) and, when this was denied, answered the complaint.

On November 19,1974, after a full evidentiary hearing, plus arguments, the trial court (1) enjoined the defendants, pending the final disposition of the case, from commencing any construction in Red Oak Lane and Ridge Road (which are north of the right of way of Lake Cook Road); but (2) denied the City’s motion for a preliminary injunction with respect to construction within the right of way of Lake Cook Road.

The City has appealed from the denial of its motion for a preliminary injunction as to improvements in Lake Cook Road, contending (1) that section 5 — 408 of the Highway Code (Ill. Rev. Stat. 1973, ch. 121, par. 5— 408) requires a county to obtain the approval of a municipality of over 500 persons before constructing, altering or maintaining a highway within its corporate limits, which approval has not been obtained; and (2) that, under its “Home Rule” powers under the 1970 Constitution, it has the power to and did enact ordinances requiring such prior approval, which approval has not been obtained.

The defendants have cross-appealed from the denial of their various motions and the entry of the preliminary injunction against construction of outiets in Red Oak Lane and Ridge Road, contending (1) that the Circuit Court of Lake County has no jurisdiction over them; (2) that the matter is res judicata because of an earlier Federal Court judgment; and (3) that the complaint fails to state a cause of action in that it fails to allege either (a) irreparable injury or (b) that the acts done or threatened are illegal.

We reverse the injunction relating to the outlets in Red Oak Lane and Ridge Road, affirm the denial of the City’s motion for an injunction as to improvements in Lake Cook Road and, concluding that further continuation of the litigation is unwarranted, dismiss the action without remandment.

The leading facts are not really in dispute. The plaintiff City of Highland Park has a population well in excess of 25,000 and is therefore a “Home Rule” municipality under the 1970 Constitution. It is situated in the south east comer of Lake County, immediately west of Lake Michigan. Lake Cook Road, established in the 1850’s, mns east and west, dividing Lake and Cook Counties. For at least the past 30 years it has been a two-lane single pavement road, both sides constructed and maintained solely by Cook County, using State motor fuel tax funds, not county highway funds. There is no contention that the City ever maintained or improved it nor is it contended that it is not a county road. Cook County sets the speed limits but the City polices that part which lies within its limits, issuing citations and investigating accidents. The Lake County Highway Department has long taken the position that Cook County alone controls the entire right of way, both north and south of the county line. The City has a water main in the northern part and a sanitary sewer in the southern portion and in 1971 built a sidewalk on the north part of the right of way, east of the portion here involved.

In 1936 the County Board of Cook County adopted a resolution designating Lake Cook Road, from Waukegan Road to Greenbay Road, as a State Aid Road and this was received and approved by the State Department of Highways, this being designated as CH 101. When State motor fuel tax funds are used, the County Board adopts a resolution which has to be approved by the State Department before such funds can be used.

Prior to 1967 many municipalities and organizations had requested that Cook County widen Lake Cook Road and in that year the County Board adopted a resolution which was received and approved by the State Department. The proposed improvement was designed to alleviate traffic congestion, compounded by a railroad crossing to the east, and to reduce safety hazards. The plan called for a four-lane divided highway, to replace the present two-lane single pavement, which widening would cut the backup of vehicles by about half.

The project begins in Lake Cook Road, 124 feet east of the center line of Waukegan Road and continues east 8,777 feet to a point 220 feet west of the center line of Skokie Boulevard. All but 3,900 feet borders on the City limits. The project also contemplated improving the Red Oak Lane and Ridge Road outlets to the north of the present right of way in order to realign the street levels to accommodate a difference of some 2 feet (in some 30) between the new pavement and these older City streets to the north. Even as expanded, the improved highway will still lie some 20 feet south of the north edge of the right of way.

The Lake County Highway Department approved the project. In 1967 the Cook County Superintendent of Highways sent a set of the plans, as already approved by the Illinois Department of Highways, to Samuel Lawton, mayor of Highland Park, but no objections to this project were raised until the fall of 1972.

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City of Highland Park v. County of Cook
344 N.E.2d 665 (Appellate Court of Illinois, 1975)

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Bluebook (online)
344 N.E.2d 665, 37 Ill. App. 3d 15, 1975 Ill. App. LEXIS 3502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-highland-park-v-county-of-cook-illappct-1975.