In Re Annexation to the Village of Wadsworth

343 N.E.2d 57, 35 Ill. App. 3d 957, 1976 Ill. App. LEXIS 1957
Appellate Court of Illinois·Decided February 20, 1976·No. 75-167·Published·Cited by 5 cases

Opinion

Mr. JUSTICE HALLETT

delivered the opinion of the court:

This is a proceeding for the annexation of certain land to the Village of Wadsworth in Lake County. The trial court, after a hearing, ordered that the question of annexation be submitted to the corporate authorities of the'Village and the objectors appeal, contending: (1) that notice was not given a successor trustee; (2) that the larid involved is not contiguous; and (3) that the petition is defective because it does not include adjacent highways. We disagree and affirm.

On December 10, 1974, a petition was filed by certain landowners in the circuit court of Lake County requesting the court to submit to corporate authorities of the Village of Wadsworth the question of the annexation of certain land. The territory consists of a narrow string of lands approximately 4 miles in length'and of various widths. At the" point of connection with the village limit of Wadsworth the common dimension is slightly less than 400 feet.

Wherever the petition seeks to annex land only on one side of a highway, a 10-foot buffer zone between the land to be annexed and the adjacent highway was created. This buffer zone carefully follows every curve in the highway. Only where land on both sides of a highway is sought to be annexed has the petition included the buffer strips and the highway in the legal description of the territory sought to be annexed.

On December 11, 1974, the court entered an order setting the petition for hearing on January 8, 1975. On December 13, 1974, notices of the January 8 hearing were mailed to the Fire Protection District and to two of its three trustees. Notice was not mailed to the third trustee, Mr. Goodwin, although he had been appointed on December 12, 1974, to replace trustee Bennett, who had died a month before, and although Mr. Goodwin had immediately qualified by filing a bond on the same day. The notice sent to the district was received and signed for by Ms. Shields who was both a trustee and the secretary-treasurer of the District. Ms. Shields and the other trustee, Mr. Hayden, both received the notices sent to them.

The objectors complain that (1) the notice sent to the trustees was defective since no notice was sent to Mr. Goodwin; (2) the territory sought to be annexed is not contiguous to the Village of Wadsworth; (3) the petition is defective for failing to include the highways adjacent to the land sought to be annexed but instead creating buffer strips.

Section 7 — 1—1 of the Illinois Municipal Code (Ill. Rev. Stat. 1973, ch. 24, par. 7 — 1—1) requires notice to be given to the trustees of'.the Fire Protection District of which the land sought to be annexed is a part. This requirement is mandatory (People ex rel. Hopf v. Village of Bensenville (1971), 132 Ill. App. 2d 907, 272 N.E.2d 50) and as provided by the statute, no annexation of such land is effective absent service of this notice. However, since notice was sent to the Fire Protection District as well as to two of the three trustees, the omission, and, at the time suit was filed and the order was entered setting the case for hearing, ño successor trustee had yet been appointed, the omission, at most, was only a formal defect as this court held in In re Annexation to Village of Doidners Grove (1974), 22 Ill. App. 3d 122, 316 N.E.2d 804. And the trustees do not object.

The objectors sécond contention is that the property to be ahñéxed is not “contiguous” as required by the statute. This court set forth the general principles relating to “contiguity” in the case of In re Annexation to Village of Buffalo Grove (1970), 128 Ill. App. 2d 261, 265-66, 261 N.E.2d 746.

“Certain general principles, have been settled by the cases which have defined the term ‘contiguity’ as used in'the statute. ‘Contiguity’ is satisfied by a touching or adjoining in a reasonably substantial physical sense; however, the line of demarcation between the reasonableness or unreasonableness of a contiguity must be drawn on the facts of each case. Western Nat. Bank of Cicero v. Vil. of Kildeer, 19 Ill. 2d 342, 352, 167 N.E.2d 169 (1960). The finding of the trial court as to contiguity or lack of it will not be disturbed on appeal unless it is manifestly against the weight of the evidence. LaSalle Nat. Bank v. Village of Burr Ridge, 81 Ill. App. 2d 209, 217, 218, 225 N.E.2d 33 (1967). Irregularity of the resulting boundaries in itself is not a fatal defect in determining contiguity to a village. Western Nat. Bank v. Vil. of Kildeer, supra, at page 351. ‘Contiguity’ is to be given a uniform liberal construction throughout the annexation statute. In re Petition of Flossmoor v. Mut. Nat. Bank, 23 Ill. App. 2d 440, 445,163 N.E.2d 215 (I960); and In re Annexation to City of Loves Park, 89 Ill. App. 2d 284, 232 N.E.2d 144 (Abst, 1967); and contiguity has the same meaning under the disconnection statutes as under the annexation statutes. Wolbach v. Village of Flossmoor, 329 Ill. App. 528, 531, 69 N.E.2d 704 (1946); LaSalle Nat. Bank v. Village of Burr Ridge, supra, at pages 217, 218; LaSalle Nat. Bank v. Village of Willowbrook, 40 Ill. App. 2d 359, 360, 189 N.E.2d 690 (1963).”

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In Re Annexation to the Village of Wadsworth, 343 N.E.2d 57, 35 Ill. App. 3d 957, 1976 Ill. App. LEXIS 1957 (Ill. Ct. App. 1976).

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