Logan v. Frank

614 N.E.2d 1278, 245 Ill. App. 3d 786
Appellate Court of Illinois·Decided June 3, 1993·No. No. 4-92-0490·Published·Cited by 12 cases

Opinion

JUSTICE GREEN

delivered the opinion of the court:

This case concerns a proceeding brought to annex certain unincorporated territory to the Village of Chatham (Chatham) pursuant to article 7, division 1, of the Illinois Municipal Code (Code) (111. Rev. Stat. 1991, ch. 24, pars. 7 — 1—1 through 7 — 1—48). Section 7— 1 — 1 of the Code requires that for territory to become annexed to a municipality that territory must be “contiguous” thereto. (111. Rev. Stat. 1991, ch. 24, par. 7 — 1—1.) We uphold a circuit court decision that the property for which annexation was sought does not meet that requirement.

The petition for annexation in this case was filed in the circuit court of Sangamon County on October 25, 1991, by Janice Logan and others proceeding pursuant to section 7 — 1—2 of the Code (111. Rev. Stat. 1991, ch. 24, par. 7 — 1—2). Separate objections to that petition were filed pursuant to section 7 — 1—3 of the Code (111. Rev. Stat. 1991, ch. 24, par. 7 — 1—3) on November 15, 1991, by (1) Eleanor Frank and a group of other persons owning land in the territory (Frank objectors); and (2) Rural Electric Convenience Cooperative Company, Inc. (RECC), provider of electric service to the area. On December 14, 1991, the court permitted the City of Springfield to intervene on behalf of the objectors.

After an evidentiary hearing, the circuit court entered an order on May 14, 1992, denying annexation. The court ruled that (1) the territory sought to be annexed did not meet the contiguity requirements of section 7 — 1—1 of the Code; and (2) petitioners did not meet the requirement of section 7 — 1—2 of the Code that they constitute a majority of the landowners and voters of the land in the territory. The court considered other objections but deemed the two foregoing issues determinative. The court did indicate that it rejected a contention by the Frank objectors that different annexation procedures than those followed here were required because Chatham was a de facto petitioner. Petitioners have appealed and the Frank objectors have cross-appealed the court’s rejection of their theory that Chatham was a defacto petitioner. We affirm.

The map appended to this opinion sets forth the territory sought to be annexed and the existing boundaries of Chatham. The territory comprises 260 acres. It borders on land annexed to Chatham in 1989 for one-eighth of a mile on the north and for a similar distance on the west. The territory is “U” shaped. The distance on the west is approximately 1 mile and 400 feet. The bottom of the “U” extends for approximately half a mile and the east side of the “U” is approximately IV4 miles in length. The distance across the top of the "U” is 1 mile and 600 feet. The narrowest portion of the territory is approximately 335 feet. The lake in the middle of the “U” has been annexed to the City of Springfield.

Sections 2 — 2—5 of the Code concerning incorporation of cities and 2 — 3—5 of the Code concerning incorporation of villages in counties of less than 150,000 people both require that the territory sought to be incorporated be “contiguous.” (111. Rev. Stat. 1991, ch. 24, pars. 2 — 2—5, 2 — 3—5.) The cases we consider in determining whether the contiguity requirement was met here concern both the incorporation of municipalities and the annexation of property to municipalities under section 7 — 1—1 of the Code and its predecessors.

A significant and often-cited early case with which we begin our consideration of the contiguity requirement is Wild v. People ex rel. Stephens (1907), 227 Ill. 556, 81 N.E. 707. There, the supreme court affirmed a judgment of ouster in a quo warranto proceeding. The suit contested the propriety of the incorporation of a village where the authorizing legislation required the territory incorporated into the village to be “contiguous.” (See 111. Rev. Stat. 1905, ch. 24, par. 182.) The territory consisted of the nearly square area of an original town together with various strips of land. One, 310 feet in width, extended south from the town area for half a mile. That strip then adjoined, at a corner, a strip of 200 feet in width which extended another half mile south where it intersected with a strip which extended equally east and west for a total distance of 2,060 feet. Other similar strips were involved and the supreme court concluded the strips were “a mere subterfuge and not a compliance with the law.” (Wild, 227 Ill. at 561, 81 N.E. at 708.) While the strips only cornered other land, the court seemed to also consider the fact that the strips were very long and narrow and indicated that this bore upon the question of contiguity.

In People ex rel. Adamowski v. Village of Streamwood (1959), 15 111. 2d 595, 155 N.E.2d 635, the court held that annexation of strips of roadways running in various directions from a municipality was improper. The court stated that “[t]he word ‘contiguous,’ as used in [the then legislation concerning annexation to municipalities], must be defined in keeping with what was the obvious intention of the legislature.” (Village of Streamwood, 15 Ill. 2d at 601, 155 N.E.2d at 638.) After Village of Streamwood, the supreme court has spoken extensively on the question of contiguity in regard to municipal annexations in Western National Bank v. Village of Kildeer (1960), 19 Ill. 2d 342, 167 N.E.2d 169, People ex rel. County of St. Clair v. City of Belleville (1981), 84 Ill. 2d 1, 417 N.E.2d 125, and In re Petition to Annex Certain Territory to the Village of North Barrington (1991), 144 Ill. 2d 353, 579 N.E.2d 880.

In Kildeer, the supreme court affirmed an order of a circuit court refusing to issue a writ of quo warranto to test the validity of the incorporation of a village. The court first held that the incorporation was not void by reason of the failure of anyone to file with the recorder of deeds, as required by statute, a transcript of the incorporation proceedings which had taken place in the county court. (111. Rev. Stat. 1957, ch. 24, par. 4 — 5.) The supreme court there examined the petitioners’ contention that the territory of the village was not “contiguous” as statutorily required. 111. Rev. Stat. 1957, ch. 24, par. 3 — 5.

The Kildeer court stated:

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Logan v. Frank, 614 N.E.2d 1278, 245 Ill. App. 3d 786 (Ill. Ct. App. 1993).

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