People ex rel. Village of Northbrook v. Village of Glenview

551 N.E.2d 235, 194 Ill. App. 3d 560, 141 Ill. Dec. 242, 1989 Ill. App. LEXIS 1381
CourtAppellate Court of Illinois
DecidedSeptember 8, 1989
DocketNos. 1—88—3448, 1—88—3449 cons
StatusPublished
Cited by5 cases

This text of 551 N.E.2d 235 (People ex rel. Village of Northbrook v. Village of Glenview) 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 Northbrook v. Village of Glenview, 551 N.E.2d 235, 194 Ill. App. 3d 560, 141 Ill. Dec. 242, 1989 Ill. App. LEXIS 1381 (Ill. Ct. App. 1989).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Plaintiff, the Village of Northbrook, and defendant, the Village of Glenview, both sought to annex the same property, designated as parcels 7, 8, 9, 10, 11 and 12, and subsequently filed these quo warranto actions pursuant to section 18 — 101 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 18 — 101 et seq.). The parties filed cross-motions for summary judgment. The trial court entered summary judgment in favor of Glenview with respect to parcels 9, 10, 11 and 12 and entered summary judgment in favor of Northbrook with respect to parcels 7 and 8. Northbrook appeals, and Glenview cross-appeals. Each seeks the right to annex all six parcels, and each contends that it attained exclusive jurisdictional priority over the property. Northbrook also contends that Glenview’s annexation proceedings suffer from fatal procedural defects.

The unincorporated territory totals less than 60 acres and is surrounded by the village boundaries of Northbrook and Glenview, as shown in the diagram contained in the appendix to this opinion.

On February 1, 2 and 3, 1988, Northbrook published notices regarding the annexation of the property at issue in the Chicago Tribune pursuant to section 7 — 1—13 of the Illinois Municipal Code (Ill. Rev. Stat. 1987, ch. 24, par. 7 — 1—13) (involuntary annexation provision).

On February 3, Northbrook notified the trustees of the Northbrook and Glenbrook rural fire protection districts in writing by certified mail that Northbrook’s board of trustees would consider the annexation on February 15, 1988.

On February 11 and 12, Glenview received petitions signed by all owners and electors residing in the disputed territory, requesting annexation of the property by Glenview, pursuant to section 7 — 1—8. Ill. Rev. Stat. 1987, ch. 24, par. 7 — 1—8 (voluntary annexation provision).

On February 15, Northbrook held its board of trustees’ meeting. By unanimous vote, the board adopted an ordinance annexing the property. On February 16, Northbrook published the ordinance. On the same day, Northbrook recorded the ordinance and affidavits of service to the fire protection districts with the recorder of deeds.

On February 18 and 19, Glenview personally served the trustees of the Northbrook and Glenbrook rural fire protection districts with notice of Glenview’s consideration of an ordinance to annex the disputed property.

On March 1, Glenview adopted four annexation ordinances, including all of the disputed property. On March 2, Glenview recorded the ordinances with certifications of notice signed by its village clerk. On March 2, Northbrook asked the Attorney General of Illinois and the Cook County State’s Attorney to bring quo warranto actions against Glenview, but those officials refused to do so, stating it was a local matter.

On March 9, Northbrook sought leave to bring this action in the trial court. On March 25, Glenview sought leave to bring its action. The trial court granted both villages leave to file quo warranto actions. The parties entered a stipulation of facts and filed cross-motions for summary judgment.

We first address several objections made by Northbrook regarding procedural defects in Glenview’s annexation procedures.

Northbrook complains that Glenview failed to serve proper statutory notice on the trustees of the affected fire protection districts because it used personal service rather than certified or registered mail. The trial court agreed that the notices were not served in the manner prescribed by statute, but concluded that the service was sufficient because personal service is a better form of service than certified mail.

The statute provides that when land “proposed to be annexed is part of any Fire Protection District or of any Public Library District, *** the Trustees of each District shall be notified in writing by certified or registered mail before any court hearing or other action is taken for annexation. *** No annexation of such land is effective unless service is had *** as provided in this Section.” (Ill. Rev. Stat. 1987, ch. 24, par. 7 — 1—1.) Glenview served the trustees of the Northbrook and Glenbrook fire protection districts by personal service, and not by certified or registered mail. None of the trustees contested the service.

We find that personal service satisfies the statutory requirement of notice by certified or registered mail. (See Matthiessen v. Board of Education of North Chicago Community High School District No. 123 (7th Cir. 1988), 857 F.2d 404 (actual notice satisfies requirement of registered mail), citing Glover v. Board of Education (1975), 62 Ill. 2d 122, 340 N.E.2d 4, and Donahoo v. Board of Education (1952), 413 Ill. 422, 109 N.E.2d 787.) Personal service constitutes full compliance with the intent of the statute and in fact satisfies the statutory purpose even more fully than the precise methods of service listed in the statute. See Donahoo v. Board of Education (1952), 346 Ill. App. 241, 104 N.E.2d 833, rev’d on other grounds (1952), 413 Ill. 422, 109 N.E.2d 787.

In arguing that the trial court erred in approving personal service, Northbrook cites People ex rel. Hopf v. Village of Bensenville (1971), 132 Ill. App. 2d 907, 272 N.E.2d 50. However, in Hopf no service was made at all.

Northbrook next complains that Glenview’s affidavit in the recorded notice was ineffective because the village clerk’s oath was not notarized. The statute provides that an “affidavit that service of notice has been had as provided by this Section must be filed with *** the recorder for the county where such land is situated. No annexation of such land is effective unless *** the affidavit [is] filed as provided in this Section.” (Ill. Rev. Stat. 1987, ch. 24, par. 7 — 1—1.) Glenview’s village clerk signed an affidavit stating “under oath” that due notice was given to the trustees of the fire protection districts. The statement was not notarized, but the trial court found the affidavit was in accordance with the statute.

A village clerk has the power to administer oaths and affirmations. (Ill. Rev. Stat. 1987, ch. 24, par. 3 — 9—3; see also Ill. Rev. Stat. 1987, ch. 24, par. 3 — 10—7 (clerk certifies all papers filed in the clerk’s office); Ill. Rev. Stat. 1987, ch. 110, par. 8 — 1203 (clerk certifies municipal records).) The clerk is an officer, and his acts are official. (City of Chicago v. McCoy (1891), 136 Ill. 344, 26 N.E. 363.) Thus, the statute’s requirements were sufficiently met here, despite the absence of the notarization. In view of our holding, we decline to consider Glenview’s assertion that it subsequently recorded an amended notice which was sworn to before a notary public.

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Bluebook (online)
551 N.E.2d 235, 194 Ill. App. 3d 560, 141 Ill. Dec. 242, 1989 Ill. App. LEXIS 1381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-village-of-northbrook-v-village-of-glenview-illappct-1989.