Genuine Parts Co. v. Du Page County

603 N.E.2d 74, 236 Ill. App. 3d 685, 177 Ill. Dec. 293, 1992 Ill. App. LEXIS 1691
CourtAppellate Court of Illinois
DecidedOctober 20, 1992
Docket2-91-1446
StatusPublished
Cited by2 cases

This text of 603 N.E.2d 74 (Genuine Parts Co. v. Du Page County) 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
Genuine Parts Co. v. Du Page County, 603 N.E.2d 74, 236 Ill. App. 3d 685, 177 Ill. Dec. 293, 1992 Ill. App. LEXIS 1691 (Ill. Ct. App. 1992).

Opinion

JUSTICE UNVERZAGT

delivered the opinion of the court:

Plaintiff, Genuine Parts Company, appeals the order of the circuit court granting summary judgment in favor of defendants, Du Page County and Karl D. Fry. Plaintiff contends that the court erred in concluding (1) that section 5 — 918(b) of the Road Improvement Impact Fee Law (Act) (Ill. Rev. Stat. 1991, ch. 121, par. 5 — 918(b)) does not exempt plaintiff from the payment of transportation impact fees in connection with the development of its warehouse and (2) that the county ordinance authorizing the imposition of impact fees for plaintiff’s development had not been repealed by enactment of a subsequent inconsistent ordinance.

Plaintiff is a Georgia corporation doing business as NAPA Auto Parts. In 1989, plaintiff purchased a parcel of property in Naperville in order to erect a new building to house its midwest distribution center. Before beginning construction, plaintiff obtained all necessary permits and paid a City of Naperville road impact fee. Naperville issued a building permit and, after construction was completed, issued a certificate of occupancy.

Approximately three months later, plaintiff received a “Transportation Road Impact Fee Assessment Notification” dated August 16, 1990, from Du Page County. This document demanded that plaintiff pay a county transportation impact fee of $13,933.36. Plaintiff refused to pay and subsequently filed a three-count complaint in the circuit court of Du Page County. Count I sought an injunction to prohibit the collection of the fee. Count II sought a declaration that section 5— 918(b) of the Road Improvement Impact Fee Law (Ill. Rev. Stat. 1991, ch. 121, par. 5 — 918(b)) exempted plaintiff from payment of the fee. Count III sought a declaration that the county’s impact fee ordinance had been repealed by the enactment of a later, inconsistent ordinance.

Both parties filed motions for summary judgment. On December 4, 1991, the court denied plaintiff’s motion and granted defendants’ motion regarding counts II and III of the complaint. Plaintiff voluntarily dismissed count I and then filed a timely notice of appeal.

Plaintiff’s first contention on appeal is that the court erred in denying his motion for summary judgment on the ground that section 5 — 918(b) did not exempt it from the payment of the county transportation impact fee. Section 5 — 918 is part of the Road Improvement Impact Fee Law, an enabling act to permit units of local government to enact ordinances providing for the payment of transportation impact fees as a prerequisite to obtaining approval of a proposed development. Section 5 — 918 provides in relevant part as follows:

“(b) Exemption of Developments Receiving Site Specific Development Approval. No development which has received site specific development approval from a unit of local government within 18 months before the first date of publication by the unit of local government of a notice of public hearing to consider land use assumptions relating to the development of a comprehensive road improvement plan and imposition of impact fees and which has filed for building permits or certificates of occupancy within 18 months of the date of approval of the site specific development plan shall be required to pay impact fees for permits or certificates of occupancy issued within that 18 month period.
* * *
(c) Exception to the Exemption of Developments Receiving Site Specific Development Approval. Nothing in this Section shall require the refund of impact fees previously collected by units of local government in accordance "with their ordinances or resolutions, if such ordinances or resolutions were adopted prior to the effective date of this Act and provided that such impact fees are encumbered as provided by Section 5 — 916.” Ill. Rev. Stat. 1991, ch. 121, pars. 5 — 918(b), (c).

In a stipulation of facts filed in the trial court, the parties agreed that the timing provisions of section 5 — 918(b) are applicable. Plaintiff thus argues that the plain language of that section exempts its development from the payment of impact fees. The county, however, contends that the exception to the exemption contained in section 5— 918(c) is applicable.

The county’s argument goes as follows. The Road Improvement Impact Fee Law became effective July 26, 1989. (Pub. Act 86 — 97, eff. July 26, 1989.) Plaintiff received its building permit prior to that date. Plaintiff became liable for the fee at or prior to the time it obtained its building permit. Thus, the fee should be considered to have been collected as of that time, and, pursuant to section 5 — 918(c), the county is not required to “refund” the fee which was “previously collected.”

The county maintains that the statutory section is ambiguous and that resort to extrinsic evidence reveals that the purpose of the Act was to ensure that existing county ordinances remained in force during the transition period to the new enabling act. Alternatively, the county contends that even if the language of the Act is unambiguous, ascribing to the words of the Act their plain and ordinary meanings would produce an absurd result. The county points out that, had plaintiff paid the fee at the time it received the building permit, the county would not have been required to refund the money. The county posits that plaintiff should not receive a benefit because it failed to pay the fee when it allegedly was due.

The fundamental principle of statutory construction is to ascertain and give effect to the intention of the legislature. (Hernon v. E.W. Corrigan Construction Co. (1992), 149 Ill. 2d 190, 194; Thomas v. Greer (1991), 143 Ill. 2d 271, 278.) This intent is determined initially by considering the language of the statute itself. (DeClerck v. Simpson (1991), 143 Ill. 2d 489, 492; Thomas, 143 Ill. 2d at 278.) In construing a statute, the words are to be given their plain and ordinary meanings. Opyt’s Amoco, Inc. v. Village of South Holland (1992), 149 Ill. 2d 265, 277; DeClerck, 143 Ill. 2d at 492.

In the present case, the parties agree that the exemption created by section 5 — 918(b) is potentially applicable. The county, however, argues that the exception to the exemption established in section 5— 918(c) is also applicable. That paragraph states that nothing in the Act shall require “the refund of impact fees previously collected by units of local government.” (III. Rev. Stat. 1989, ch. 121, par. 5— 918(c).) We agree with plaintiff that these words must, be given their plain and ordinary meanings.

“Refund” is defined as “[t]o repay or restore; to return money in restitution or repayment.” (Black’s Law Dictionary 1281 (6th ed. 1990).) Similarly, “collect” is defined as “to claim and receive in payment or fair recompense” and “to present as due and receive payment for.” (Webster’s Third New International Dictionary 444 (1986).) The conclusion is inescapable that the legislature intended the exception to apply only to the actual refunding of fees which had been previously collected. Nothing in the statute permits the local government to continue to collect fees which had not previously been paid.

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County of Du Page v. RWS Development, Inc.
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Bluebook (online)
603 N.E.2d 74, 236 Ill. App. 3d 685, 177 Ill. Dec. 293, 1992 Ill. App. LEXIS 1691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/genuine-parts-co-v-du-page-county-illappct-1992.