In Re Petition to Disconnect From Village of Hills

899 N.E.2d 280, 386 Ill. App. 3d 355, 326 Ill. Dec. 63, 2008 Ill. App. LEXIS 1011
CourtAppellate Court of Illinois
DecidedOctober 15, 2008
Docket2—08—0349, 2—08—0350, 2—08—0356 through 2—08—0358 cons
StatusPublished
Cited by6 cases

This text of 899 N.E.2d 280 (In Re Petition to Disconnect From Village of Hills) 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 to Disconnect From Village of Hills, 899 N.E.2d 280, 386 Ill. App. 3d 355, 326 Ill. Dec. 63, 2008 Ill. App. LEXIS 1011 (Ill. Ct. App. 2008).

Opinion

JUSTICE BURKE

delivered the opinion of the court:

The Village of Campton Hills (the Village) was incorporated in 2007. Pursuant to section 7 — 3—1 of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/7 — 3—1 (West 2006)), property owners who meet certain criteria may disconnect from a newly formed municipality within one year of incorporation. This consolidated appeal involves five groups of property owners (petitioners) who filed petitions to disconnect from the Village, pursuant to section 7 — 3—1: (1) case No. 07 — MR—12 (Campton Farms); (2) case No. 07 — MC—4 (Prairie Lakes); (3) case No. 07 — MR—474 (Cheval de Selle); (4) case No. 07 — MC—5 (Hidden Oaks); and (5) case No. 07 — MC—11 (Moraines). Except in the Prairie Lakes and Hidden Oaks cases, which were tried together, the circuit court of Kane County conducted separate evidentiary hearings to determine whether petitioners met the statutory criteria for disconnection. On March 20, 2008, the court entered judgments in favor of petitioners and ordered all five territories to be disconnected from the Village.

The Village appeals, raising several arguments. In general, it contends that the judgments must be reversed because: (1) section 7 — 3—1 is not applicable to petitioners’ disconnection claims; (2) section 7 — 3—1 requires that each individual parcel in a disconnecting territory “touch” the municipality’s border; (3) petitioners failed to provide adequate notice; (4) disconnection abridged the due process rights of unnamed property owners; (5) the trial court abused its discretion by admitting or refusing to admit certain evidence; (6) the trial court erred in qualifying petitioners’ expert witnesses and allowing them to present their opinions, because they lacked adequate foundations; (7) the judgments were against the manifest weight of the evidence; and (8) the trial court failed to account for the cumulative impact of additional pending disconnection suits. For the following reasons, we affirm.

BACKGROUND

The record is voluminous and the evidence is well known to the parties. Accordingly, we will refer only to evidence that is relevant to our analysis.

By way of background, we note the following. The Village filed its first petition to incorporate as the Village of Campton Hills in August 2005. Under Illinois law, the Village could not be incorporated unless the Kane County Board (Board) found that the proposed incorporation was compatible with the official plan for the development of the county and that the Village would have a tax base sufficient to provide all the necessary municipal services to its inhabitants. The incorporators, a committee that included chairperson Patsy Smith, who is now Village president, and that was represented by William Braithwaite and the law firm of Arnstein & Lehr, presented their first petition to the Kane County Regional Planning Commission (Planning Commission) and the Board. During those proceedings, the incorporators argued that the proposed Village had a sufficient tax base and that the sufficiency of that tax base should be measured by the Village’s equalized assessed value (EAV). Braithwaite informed the Board that, “[although we enclose as part of this Petition additional information as to the adequacy of budgeting for the new Village without any tax levy, that is not the test. Rather, the test is whether there is a sufficient tax base which, if it becomes necessary to levy a tax, we can provide municipal services at a realistic tax rate.” Braithwaite added that the Village could generate significant funds with “a modest levy of $.10 per $100 of equalized assessed valuation.”

The Kane County Development Department (Department) agreed with that approach. Philip Bus, the Department’s executive director, concluded that the proposed Village had a total EAV of $604,179,886 and an EAV per capita of approximately $40,000, which was “among the highest in Kane County.” On the basis of those figures, he found that the Village’s tax base was sufficient. The Department, however, found that the proposed incorporation was incompatible with Kane County’s long-range plans, in part because the Village would include significant amounts of agricultural land that were within Lily Lake’s planning jurisdiction. Accordingly, the Board declined to make the requisite findings.

The incorporators filed a second petition for incorporation on November 6, 2006, contemplating a smaller land area, which did not include the agricultural land surrounding Lily Lake. The incorporators argued again that the Village’s tax base was sufficient because of the high EAV and EAV per capita. On November 6, 2006, Smith informed the Board that the new proposed Village would have “an estimated Equalized Assessed Value of approximately $50,000 per capita.” The Department agreed with that approach and found that the new proposed Village had a sufficient tax base and that incorporation was compatible with Kane County’s long-range plans. Accordingly, the trial court authorized a referendum on the question of whether to incorporate the Village. On April 17, 2007, the voters approved the ballot initiative and on May 14, 2007, the trial court authorized the incorporation.

The newly incorporated Village is veiy large. It encompasses 20.3 square miles and includes 102 miles of road. Based on figures from the 2000 census, the Village has certified 10,504 residents. However, the Village estimates that its population has increased by approximately 2,500 persons since 2000, and the Village has commissioned a special census to determine the actual population.

In May 2007, petitioners began filing petitions to disconnect from the Village pursuant to section 7 — 3—1, which provides:

“Within one year of the organization of any municipality *** any territory which has been included therein may be disconnected from such municipality if the territory sought to be disconnected is (1) upon the border, but within the boundary of the municipality, (2) contains 20 or more acres, (3) if disconnected will not result in the isolation of any part of the municipality from the remainder of the municipality, and (4) if disconnected will not be a territory wholly bounded by one or more municipalities or wholly bounded by one or more municipalities and a river or lake, (5) if disconnected, the growth prospects and plan and zoning ordinances, if any, of such municipality will not be unreasonably disrupted, (6) if disconnected, no substantial disruption will result to existing municipal service facilities such as, but not limited to, sewer systems, street lighting, water mains, garbage collection and fire protection, (7) if disconnected the municipality will not be unduly harmed through loss of tax revenue in the future.” 65 ILCS 5/7— 3 — 1 (West 2006).

Prairie Lakes consists of 197.48 acres and 170 platted single-family lots. It is populated by 166 residents who occupy 51 homes. Hidden Oaks consists of 35 single-family lots totaling 59.96 acres. Approximately 98 residents occupy 30 homes. Only five of Hidden Oaks’ tracts of land are located directly on the border of the Village. Cheval de Selle includes approximately 351 residents. It consists of 102 parcels, all of which are zoned for single-family homes.

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Bluebook (online)
899 N.E.2d 280, 386 Ill. App. 3d 355, 326 Ill. Dec. 63, 2008 Ill. App. LEXIS 1011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petition-to-disconnect-from-village-of-hills-illappct-2008.