Doney v. Keith

579 N.E.2d 880, 144 Ill. 2d 353, 162 Ill. Dec. 66, 1991 Ill. LEXIS 82
CourtIllinois Supreme Court
DecidedSeptember 26, 1991
DocketNo. 71167
StatusPublished
Cited by42 cases

This text of 579 N.E.2d 880 (Doney v. Keith) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doney v. Keith, 579 N.E.2d 880, 144 Ill. 2d 353, 162 Ill. Dec. 66, 1991 Ill. LEXIS 82 (Ill. 1991).

Opinion

JUSTICE FREEMAN

delivered the opinion of the court:

On July 28, 1988, petitioners, Scott Doney and other owners of land and electors residing in an unincorporated area of Lake County, filed in the circuit court of Lake County a petition for annexation of the territory to the Village of North Barrington pursuant to the Illinois Municipal Code. (Ill. Rev. Stat. 1987, ch. 24, par. 7 — 1—2.) The Village of North Barrington (Village or intervener) was allowed to intervene in support of the petition. (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 408.) Two groups filed objections to exclude their land from the annexation petition. One group of objectors are appellees, Marvin E. Keith and other owners of certain perimeter land within the territory for annexation, who filed objections pursuant to section 7 — 1—3(4) of the Municipal Code (Ill. Rev. Stat. 1987, ch. 24, par. 7 — 1—3(4)). Petitioners and the Village filed a motion for summary judgment on the petition and against the appellee objectors. After a hearing on the motion, the trial court granted the objections and modified the petition to exclude the land of Keith and the other appellees. The appellate court affirmed, with one justice dissenting. (204 Ill. App. 3d 801.) We granted the Village and petitioners leave to appeal (134 Ill. 2d R. 315).

We reverse.

FACTS

The territory included in the annexation petition consists of 13 lots in addition to parts of two other lots. The land to be annexed lies east and northeast of the Village of North Barrington and is contiguous to the Village along a common boundary approximately 1,600 feet long. Appellees’ land consists of Lots 1, 2, and 9, which lie along the eastern perimeter of the territory to be annexed. Lot 2 is the northernmost of the three lots, with Lot 1 touching Lot 2 along a line near Lot 2’s southeastern end and extending eastward. Lot 9 touches Lot 1 at Lot l’s southern boundary and extends further south. Lot 14, owned by two of the petitioners, lies just south of Lot 9 and is contiguous to the territory to be annexed only by means of its common boundary with Lot 9. A copy of the plat of annexation is included as an appendix to this opinion.

Appellees assert in their objections that their property is on the perimeter of the territory to be annexed, that they do not desire annexation, and that inclusion of their property is not necessary in order to establish contiguity of the territory with the annexing municipality. In their written objections, appellees do not distinguish among Lots 1, 2, and 9. However, at oral argument before the trial court, appellees asserted their objections regarding only Lot 1, and the trial court limited its ruling based on objections to Lot 1. Accordingly, our review is limited to objections to the annexation of Lot 1. Appellees also filed other objections to the petition, all of which were ruled upon by the trial court and are not raised in this appeal.

In addition to appellees, another group of objectors were Doyel and Betty Gay, owners of a portion of Lot 17, which lies in the southwest area of the territory to be annexed. Originally, the Gays’ property was included in the plat. By agreement between petitioners and the Gays, however, that property was excluded from the annexation petition and is not a subject of this appeal.

Two other lots, owned by the Kaans and the Blacks and located east of Lot 17 and contiguous to Lots 9 and 14, were never included in the petition for annexation. Appellees noted in the trial court and further assert in this appeal that the record shows that the Kaans and Blacks attended at least one of the prepetition meetings held by owners and residents in the area being considered for annexation.

The parties do not dispute that, in accord with section 7 — 1—1 of the Municipal Code (Ill. Rev. Stat. 1987, ch. 24, par. 7 — 1—1), the territory which is the subject of the petition is an area of contiguous land not within the corporate limits of any municipality and is contiguous to the Village of North Barrington. The parties filed a written stipulation that the petition was signed by. a majority of the owners of record and a majority of electors in the territory to be annexed. Further, the trial court found that the petition met the other requirements of section 7 — 1—2 of the Code (Ill. Rev. Stat. 1987, ch. 24, par. 7 — 1—2). In addition, the parties agree that, under section 7 — 1—3(4), Lot 1 is located on the perimeter of the territory sought to be annexed and the objectors do not desire that Lot 1 be annexed. The question before the trial court was limited to whether exclusion of Lot 1 would “destroy the contiguity of such described property with the annexing municipality,” pursuant to section 7 — 1—3(4) of the Code (Ill. Rev. Stat. 1987, ch. 24, par. 7-l-3(4)).

On June 8, 1989, the trial court held that if Lot 1 were excluded, the contiguity “of the main or substantial portion of the territory sought to be annexed” would not be destroyed. The trial court found that the area of land formed by Lots 1, 9, and 14 constituted a “configuration” that was “irregular, asymmetrical and non-contiguous with the rest of the property sought to be annexed.” The court granted appellees’ objection and excluded Lot 1 from the plat of annexation.

The trial court declined to rule on the objections to Lot 9, since they were not argued. However, the court stated that exclusion of Lot 1 makes Lots 9 and 14 non-contiguous to the remaining territory to be annexed. Since the inclusion of Lot 9 was objected to, the trial court stated, exclusion of Lot 1 “has only the limited effect of making Lot 14 non-contiguous.” The trial court then ordered that the petition be amended to eliminate Lots 1, 9, and 14.

Petitioners and intervenor filed a motion for reconsideration and partial modification of the order, asserting that the order violates section 7 — 1—3(4) and prevents the owners of Lot 14 from having their property included in the annexation. Further, petitioners and intervenor argued that the court improperly destroyed the contiguity of Lots 9 and 14 by excluding Lot 1 from the petition. In addition, they asserted that the order contradicts the parties’ stipulated agreement that the land included in the petition is a contiguous area of land contiguous to the Village of North Barrington. Finally, petitioners and intervenor cited case law which holds that irregular boundaries of territory to be annexed are not fatal to an annexation petition. In response to the motion, appellees admitted that the petition complied with the “technical requirements” of the Municipal Code, but asserted that the trial court properly found that the petition failed to meet the “reasonableness requirement” of contiguity. The trial court denied the motion for reconsideration.

Petitioners appealed to the appellate court, contending that the Municipal Code did not provide for the exclusion of appellees’ property under the circumstances. An appellate court majority affirmed the trial court. The majority rejected the trial court’s holding that under section 7 — 1— 3(4), exclusion of an objector’s perimeter parcel is permitted where the exclusion does not destroy the contiguity of the “main” or largest or “most substantial part” of the territory to be annexed.

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Cite This Page — Counsel Stack

Bluebook (online)
579 N.E.2d 880, 144 Ill. 2d 353, 162 Ill. Dec. 66, 1991 Ill. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doney-v-keith-ill-1991.