In Re Petition for Detachment of Land

741 N.E.2d 683, 318 Ill. App. 3d 922, 251 Ill. Dec. 796
CourtAppellate Court of Illinois
DecidedDecember 27, 2000
Docket3-00-0094, 3-00-0449
StatusPublished
Cited by1 cases

This text of 741 N.E.2d 683 (In Re Petition for Detachment of Land) 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
In Re Petition for Detachment of Land, 741 N.E.2d 683, 318 Ill. App. 3d 922, 251 Ill. Dec. 796 (Ill. Ct. App. 2000).

Opinion

741 N.E.2d 683 (2000)
318 Ill. App.3d 922
251 Ill.Dec. 796

In re PETITION FOR the DETACHMENT OF LAND FROM the MORRISON COMMUNITY HOSPITAL DISTRICT (Marvin Scott et al., Petitioners-Appellees,
v.
Morrison Community Hospital District, Respondent-Appellant).

Nos. 3-00-0094, 3-00-0449.

Appellate Court of Illinois, Third District.

December 27, 2000.

*685 M. Tod Melton (argued), Ludens, Potter & Burch, Morrison, for Morrison Community Hospital.

James B. Eagle (argued), Eagle & Eagle, Rock Island, for One Hundred and Eighty-Eight Petitioners.

Presiding Justice SLATER delivered the opinion of the court:

Petitioners filed a petition seeking detachment from respondent Morrison Community Hospital District pursuant to section 10 of the Hospital District Law. 70 ILCS 910/10 (West Supp.1999). Respondent objected to the petition on various grounds. Following a hearing, the circuit court ruled that the petition was sufficient and it certified the detachment proposition to the proper election officials. That decision was appealed to this court on February 4, 2000, under No. 3-00-0094. During the pendency of that appeal, a majority of the voters of the territory seeking detachment voted in favor of detachment, 712 to 51. Thereafter, petitioners filed a motion to declare the territory detached. Respondent objected to petitioners' motion on the same grounds that it had objected to the petition to detach. On May 5, 2000, the circuit court overruled respondent's objections and declared the territory detached. Respondent appealed from that order on June 5, 2000, under No. 3-00-0449. Subsequently, on respondent's motion, the two appeals were consolidated by this court.

Facts

The Morrison Community Hospital District (the District) was established in 1952. The detached territory became part of the District in 1970 by means of annexation. The detached territory is located in Whiteside County and consists of a portion of Portland Township and all of Prophetstown Township, including the City of Prophetstown. The detached territory is not identical to the area annexed in 1970; it represents only a portion, or subset, of that area. The area annexed in 1970 constitutes more than 25% of the equalized assessed valuation of the District. The detached area contains less than 25% of that valuation. The basis for the detachment petition was an amendment to section 10 of the Hospital District Law which provides in part:

"[W]ithin 24 months after the effective date of this amendatory Act of the 91st General Assembly, the legal voters residing within a hospital district may file a petition for detachment from the hospital district where (i) the territory sought to be detached was added to the hospital district by way of annexation; and (ii) the equalized assessed valuation of the territory sought to be detached constitutes less than 25% of the equalized assessed valuation of the hospital district. The petition must be signed by not less than 5% of the legal voters of the territory sought to be detached. *686 Detachment is not permissible if it would destroy the contiguity of the territory of the District. A hearing shall be held on the petition as nearly as possible as in the case of a formation petition. If upon the hearing, the court finds that the petition is sufficient, it shall certify the proposition to the proper election officials, who shall submit the question to the legal voters of the territory proposed to be detached at an election in accordance with the general election law." 70 ILCS 90/10 (West Supp.1999) as amended by Pub. Act 91-449, § 5, eff. Aug. 6, 1999.

On appeal, respondent contends that the amendment to section 10 set forth above violates the equal protection clauses of the Illinois and United States Constitutions, constitutes special or local legislation, and results in a denial of due process. Respondent also asserts that, even assuming the constitutionality of section 10, the territory sought to be detached in this case is ineligible to detach because it is not identical to the area that was annexed in 1970.

Analysis

We first consider whether section 10, as amended, requires the detaching territory to be identical to the area that was added by way of annexation. The relevant provision states that a petition for detachment may be filed "where(i) the territory sought to be detached was added to the hospital district by way of annexation; and (ii) the equalized assessed valuation of the territory sought to be detached constitutes less than 25% of the equalized assessed valuation of the hospital district." Respondent maintains that "the territory" is ambiguous in that it may refer to the territory originally annexed or to some subset of that territory. We disagree.

Statutory language must be given its plain and ordinary meaning, and where that language is clear and unambiguous, a court must apply the statute without further aid of statutory construction. People v. Robinson, 172 Ill.2d 452, 217 Ill.Dec. 729, 667 N.E.2d 1305 (1996). A court is not authorized to declare that the legislature did not mean what the plain language of the statute says. Henrich v. Libertyville High School, 186 Ill.2d 381, 238 Ill.Dec. 576, 712 N.E.2d 298 (1998). The statutory language at issue here clearly requires that the detaching territory must have been added by annexation. There is no requirement that all previously annexed territory must be detached, or that the detaching territory must be identical to the previously annexed territory. Where the language of a statute is clear and unambiguous, a court must give it effect as written, without reading in exceptions, limitations or conditions that the legislature did not express. Davis v. Toshiba Machine Co., 186 Ill.2d 181, 237 Ill.Dec. 769, 710 N.E.2d 399 (1999).

Respondent argues, however, that interpreting the statute as it is written could lead to absurd results. Respondent posits the existence of a hypothetical "freeloading large landowner" who could file a petition for detachment and receive his own personal election ballot, thereby assuring detachment. Respondent also points out that successive petitions for detachment could be filed by various subsets of the originally annexed territory, resulting in detachment of territory constituting more than 25% of the equalized assessed valuation of the hospital district.

While it is true that it is presumed that the legislature did not intend an absurdity or injustice (Henrich, 186 Ill.2d 381, 238 Ill.Dec. 576, 712 N.E.2d 298), we see no absurdity in permitting a single landowner to detach. Whether one person owns 100 acres or 100 people own one acre each, detachment has the same effect on the hospital district's tax revenue. Moreover, the procedure outlined in section 10 for annexation to a hospital district would appear to allow a single landowner to annex. We see no reason why allowing the same landowner to detach would be "absurd".

*687

Free access — add to your briefcase to read the full text and ask questions with AI

Related

City of Herriman v. Bell
590 F.3d 1176 (Tenth Circuit, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
741 N.E.2d 683, 318 Ill. App. 3d 922, 251 Ill. Dec. 796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petition-for-detachment-of-land-illappct-2000.