People ex rel. County of St. Clair v. City of Belleville

401 N.E.2d 1134, 81 Ill. App. 3d 379, 37 Ill. Dec. 41, 1980 Ill. App. LEXIS 2381
CourtAppellate Court of Illinois
DecidedFebruary 15, 1980
DocketNo. 79-81
StatusPublished
Cited by3 cases

This text of 401 N.E.2d 1134 (People ex rel. County of St. Clair v. City of Belleville) 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
People ex rel. County of St. Clair v. City of Belleville, 401 N.E.2d 1134, 81 Ill. App. 3d 379, 37 Ill. Dec. 41, 1980 Ill. App. LEXIS 2381 (Ill. Ct. App. 1980).

Opinion

Mr. PRESIDING JUSTICE JONES

delivered the opinion of the court:

The People of the State of Illinois, upon the relation of the county of St. Clair, a township, a road district, and two fire protection districts, brought a quo warranto action challenging the validity of three annexation ordinances passed by the city of Belleville pursuant to section 7 — 1—8 of the Illinois Municipal Code (Ill. Rev. Stat. 1975, ch. 24, par. 7 — 1—8). Following a bench trial, judgment was entered in favor of the defendant city upholding the validity of the ordinances and dismissing the People’s complaint. On appeal four issues are raised. In general they relate to the contiguity of the annexed parcels with the annexing municipality and to the annexing municipality’s compliance with statutory requirements in two respects, the giving of notice to constituent fire district trustees and the accuracy of the map of the annexed property which must be recorded with the annexation ordinance.

As a prelude to the statement of facts we supply a diagram showing some pertinent features of the tracts and boundaries involved. The diagram is not drawn to scale.

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Within an unincorporated area just to the southwest of the city of Belleville lay a 90-acre tract located in Stookey township and owned by the Catholic Diocese of Belleville. It was proposed as the site of a new Venture store. The city of Belleville and the Catholic Diocese of Belleville subsequently entered into an annexation agreement whereby the city agreed, among other things, to extend its sanitary sewerage system to the proposed Venture store site, to authorize the owner of the site to have a road constructed near it, and to authorize the owner of the site to have both Illinois State Route 13, located on the northern boundary, and U.S. Route 460, located on the southern boundary, improved in order that access might be had from those routes to the site, all at the city’s expense.

At the same time the city of Belleville proposed to annex two other tracts. One of these was the Illinois Central Gulf Railroad right of way wThich bordered the city of Belleville to the south, according to plaintiff, for 1,350 feet, and, according to defendant, for 1,158 feet. It was 100 feet wide and extended, still parallel with the southern municipal boundary, from the southwest comer of the city in a westerly direction into unincorporated territory for a distance of approximately 1,800 feet as far as South 74th Street which runs generally north and south. The other of these tracts proposed for annexation was a narrow strip of property, referred to as the Schaumleffel property, which lay immediately south of the Illinois Central Gulf Railroad right of way and parallel to it. It was approximately 25 feet wide and extended from a point near the southwest corner of the city limits almost to South 74th Street. Immediately south of the Schaumleffel property and parallel to it was Illinois State Highway 13, bordered on its other (south) side by the Catholic Diocese property. The highway was approximately 112 feet wide and, like the Schaumleffel property, extended from a point near the southwest comer of the city limits almost to South 74th Street. Plaintiff’s portion of the diagram suggests that the Schaumleffel property and the pertinent part of Illinois State Highway 13 extended as far as South 74th Street although, according to the plat, they did not extend quite that far. The entire western edge of the Catholic Diocese property, however, would have touched South 74th Street if that street had extended so far. According to defendant in its brief, the Schaumleffel property adjoined the Illinois Central Gulf Railroad right of way for approximately 860 feet. The shortest distance between the southwest corner of the city of Belleville and the northeast comer of the Catholic Diocese property was approximately 275 feet.

On September 15, 1976, the Illinois Central Gulf Railroad filed a petition for annexation of the railroad right of way. The next day a copy of the proposed annexation agreement between the Catholic Diocese of Belleville and the city of Belleville was filed. Four days later, on September 20, 1976, owners of record of the Schaumleffel property filed a petition for annexation of that property. Ten days after that, on September 30,1976, the Catholic Diocese of Belleville filed a petition for annexation of the 90-acre tract. On October 7, 1976, the Belleville City Council passed four ordinances relating to the annexations: (1) Ordinance No. 3390 annexing the Illinois Central Gulf Railroad right of way; (2) Ordinance No. 3391 annexing the Schaumleffel property; (3) Ordinance No. 3392 adopting the annexation agreement between the city and the Catholic Diocese of Belleville; (4) Ordinance No. 3393 annexing in three tracts the 90 acres of the Catholic Diocese. With the annexation of the Schaumleffel property, the portion of Illinois State Highway 13 adjacent to it was annexed by operation of law (Ill. Rev. Stat. 1975, ch. 24, par. 7-1-1).

At trial only two witnesses testified, both land surveyors registered in Illinois. The plaintiff’s surveyor, Richard Weinel, testified to errors in both the Schaumleffel and the Catholic Diocese property descriptions which, he said, resulted in errors in the plat attached to the annexation ordinances. The principal error in the Schaumleffel property description arises out of the use of a call line of 437.9 feet which is short by at least 30 feet. The 437.9 feet specified in the description is to be measured from the intersection of the northeasterly right-of-way line of Illinois State Highway 13 with the east line of 74th Street. That call line was correct until Illinois State Highway 13 was widened some years before the annexations at issue. Although the highway was widened by only 12 feet, the road curves at the point of intersection at 74th Street. As a result the wider arc of the right-of-way line throws off the call line of 439.7 feet by 30 to 40 feet. If 439.7 feet is measured from the intersection of the east line of 74th Street with the new northeasterly right-of-way line, the description, according to plaintiff’s brief, includes property owned not by the Schaumleffels, who petitioned for annexation, but by a veterinary clinic. The owner of that property did not petition for annexation, nor did the city suppose it was annexing that property. The description and accompanying plat then may include 30 to 40 feet more than the city intended to annex.

The city’s witness, John Thompson, who had drawn the plat from the property description, testified that he did indeed use the figure of 439.7 feet from the right-of-way line. He was unable to say, though, whether he used the right-of-way line as it existed before or after the widening of the highway. If he used the old right-of-way line, the plat presumably is in error as to the width of Illinois State Highway 13 by essentially 12 feet. If he used the new right-of-way line, the plat presumably is in error as to the extent of the annexation by 30 to 40 feet.

Plaintiff's witness testified also to an ambiguity in the Schaumleffel property description occasioned by the 12-foot addition to the highway. The property description provided that the distance of 439.7 feet be measured from a point on the right-of-way line. Prior to the acquisition, no ambiguity existed because the distance could be measured from a point on the right-of-way line.

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Bluebook (online)
401 N.E.2d 1134, 81 Ill. App. 3d 379, 37 Ill. Dec. 41, 1980 Ill. App. LEXIS 2381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-county-of-st-clair-v-city-of-belleville-illappct-1980.