People ex rel. Village of Forest View v. Village of Lyons

578 N.E.2d 177, 218 Ill. App. 3d 159, 161 Ill. Dec. 50, 1991 Ill. App. LEXIS 1298
CourtAppellate Court of Illinois
DecidedJuly 30, 1991
DocketNo. 1-90-0896
StatusPublished
Cited by3 cases

This text of 578 N.E.2d 177 (People ex rel. Village of Forest View v. Village of Lyons) 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. Village of Forest View v. Village of Lyons, 578 N.E.2d 177, 218 Ill. App. 3d 159, 161 Ill. Dec. 50, 1991 Ill. App. LEXIS 1298 (Ill. Ct. App. 1991).

Opinion

JUSTICE COCCI A

delivered the opinion of the court:

This is a quo warranto action. Plaintiff, the Village of Forest View, appeals from an order entering summary judgment in favor of defendant, the Village of Lyons, which voided Forest View’s annexation of land which Lyons had previously annexed.

On appeal, Forest View contends that the court erred in granting Lyons’ summary judgment motion and in denying Forest View’s summary judgment motion, because Lyons’ previous annexations were illegal because Forest View’s quo warranto action is not barred by the statute of limitations as Lyons’ annexation did not meet statutory contiguity requirements, and Lyons’ annexation is barred by the doctrine of estoppel because Lyons’ counterclaim is barred by a contiguity requirement, and by the doctrine of laches; and because Lyons lacks standing to challenge the Forest View annexation.

The record in this summary judgment action sets forth the following allegations and facts.

As a matter of convenience, the parties have referred to the relevant property as parcel “A” through parcel “E.” (See the map included herein as an appendix.) The “subject property” which Forest View wishes to annex is parcel “E.” The subject property is owned by the Metropolitan Water Reclamation District of Greater Chicago (Metropolitan). The property is leased to the Lake River Corporation, which filed an amicus curiae brief in support of Forest View’s position.

In 1945, Lyons began passing a series of 26 ordinances which purported to annex all of the unincorporated territory bounded by four municipalities, including Lyons on the northern border and Forest View on the eastern border. Each ordinance purported to accomplish an involuntary annexation (pursuant to Ill. Rev. Stat. 1945, ch. 24, par. 7 — 11, now Ill. Rev. Stat. 1989, ch. 24, par. 7 — 1— 13) of a 20-acre parcel of land south of Lyons’ 47th Street village limits. (The strip annexations were done on approximately a monthly basis, one strip at a time, because the involuntary annexation statute at that time prohibited the annexation of more than 30 acres at a time.)

Between November 1945 and July 1946, Lyons’ first 10 ordinances annexed land marked as parcel “A” on the attached map.

On March 28, 1947, quo warranto proceedings were filed against Lyons, challenging the first series of 10 strip annexations. On March 18, 1948, the Illinois Supreme Court held that the ordinances purporting to annex these strips of land (marked as parcel “A” on the map) were a nullity. (People ex rel. Universal Oil Products Co. v. Village of Lyons (1948), 400 Ill. 82, 79 N.E.2d 33.) The court explained that, under the statute, a 30-acre parcel of territory to be annexed must be wholly bounded by one or more municipalities or navigable waters. (Universal Oil Products, 400 Ill. at 87, 79 N.E.2d at 36.) The parcel “A” strips were not wholly bounded by municipalities or navigable waters.

Between August 1946 and March 1947, the next eight ordinances of the Village of Lyons attempted to annex land marked as “Parcel B.” On June 24, 1948, the circuit court of Cook County entered a judgment declaring this second group of eight ordinances to be nullities, as the land sought to be annexed was not “wholly bounded” by municipalities or navigable waters since the attempted annexation of the land comprising parcel “A” had been declared void in Universal Oil. People ex rel. Gortsch v. Village of Lyons (1948), No. 47-C-6153.

Between October 1947 and June 8, 1948, the next eight ordinances adopted in Lyons attempted to annex the land marked as parcels “C” and “D” on the attached map.

The annexation of these last eight strips has never been judicially declared invalidly annexed.

Designation of the last eight parcels is separated into “C” and “D” as the strips in “D” were annexed after the Illinois Supreme Court filed its decision in Universal Oil on March 18, 1948.

The property, an irregularly shaped parcel of land marked as “Parcel E,” extends from Forest View’s eastern boundary, to the west, across a portion of the five most eastern strips of parcels “C” and “D.”

In 1984, Metropolitan and the Lake River Corporation petitioned that parcel “E” be annexed to Forest View.

On July 10, 1984, pursuant to an annexation agreement, Forest View enacted an ordinance annexing the subject property.

Prior to 1984, Forest View provided fire, police, water and all governmental services to the subject property. Lyons provided no services to the property.

On August 26, 1986, Lyons’ attorney wrote to the Lake River Corporation that Lyons had become aware that the subject property, where “you are doing business,” is “located within the corporate limits of the Village of Lyons.”

In November 1987, Lyons issued a revised zoning map, showing for the first time that the subject property fell within the boundaries of the Village of Lyons. George Kucharchuk, the village inspector and a board of trustees member, testified at a deposition that all of Lyons’ official maps prior to November 1987 did not include the subject property within the limits of Lyons. The map was prepared by the village engineer at the direction of Kucharchuk.

On March 21, 1988, Forest View filed a complaint in quo warranto, challenging the validity of Lyons’ purported annexations of numerous parcels of land, including the subject property.

Forest View’s first amended complaint in the present action sought a declaration that these final eight ordinances were void, pursuant to Universal Oil Products. Forest View also sought a declaration that its own annexation of the subject property was legal and an order requiring Lyons to account for and return to Forest View all tax revenues received by Lyons subsequent to Forest View’s annexation of the subject property.

Both parties subsequently filed motions for summary judgment.

On February 26, 1990, the circuit court: (1) granted Lyons’ motion for summary judgment; (2) denied Forest View’s motion for summary judgment; (3) declared Lyons’ annexations of the eight strips (marked as “C” and “D” on attached map) valid; (4) declared Forest View’s annexation of the subject property invalid and void; (5) ousted Forest View from asserting any jurisdiction over the subject property; and (6) found Forest View’s action was barred by the statute of limitations. In its memorandum of decision, the trial court recited two bases for its decision in favor of Lyons.

First, Lyons’ final eight ordinances were valid because the first six parcels were annexed prior to the June 24, 1948, judgment of ouster in People ex rel. Gortsch and had never been the subject of a judgment of ouster. The court reasoned that the annexations of parcels “A” and “B” were not invalid ab initio; instead, they were only invalid from the date of the order of ouster on June 24, 1948. Since the parcel “C” strips were annexed between October 1947 and March 1948, before the June 24, 1948, ouster order, then parcel “C” could be considered “wholly bounded” and validly annexed. Since parcel “C” was validly annexed, parcel “D” was also validly annexed.

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Cite This Page — Counsel Stack

Bluebook (online)
578 N.E.2d 177, 218 Ill. App. 3d 159, 161 Ill. Dec. 50, 1991 Ill. App. LEXIS 1298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-village-of-forest-view-v-village-of-lyons-illappct-1991.