People v. CHERRY VALLEY PUBLIC LIBRARY

828 N.E.2d 748, 356 Ill. App. 3d 893, 293 Ill. Dec. 438, 2005 Ill. App. LEXIS 411
CourtAppellate Court of Illinois
DecidedMay 4, 2005
Docket2-04-0389
StatusPublished
Cited by7 cases

This text of 828 N.E.2d 748 (People v. CHERRY VALLEY PUBLIC LIBRARY) 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 v. CHERRY VALLEY PUBLIC LIBRARY, 828 N.E.2d 748, 356 Ill. App. 3d 893, 293 Ill. Dec. 438, 2005 Ill. App. LEXIS 411 (Ill. Ct. App. 2005).

Opinion

828 N.E.2d 748 (2005)
356 Ill. App.3d 893
293 Ill.Dec. 438

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
The CHERRY VALLEY PUBLIC LIBRARY DISTRICT, Defendant-Appellant.

No. 2-04-0389.

Appellate Court of Illinois, Second District.

March 3, 2005.
Supplemental Opinion Upon Denial of Rehearing May 4, 2005.

*749 Eugene G. Doherty, Holmstrom & Kennedy, Rockford, for Cherry Valley Public Library District.

James P. Hursh, Boone County State's Attorney, Belvidere, Martin P. Moltz, Deputy Director, Sally A. Swiss, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Phillip B. Lenzini, Kavanagh, Scully, Sudow, White & Frederick, P.C., Peoria, for Illinois Library Association.

Justice GROMETER delivered the opinion of the court:

Defendant, the Cherry Valley Public Library District (District), appeals the judgment of the circuit court of Boone County granting summary judgment in favor of plaintiff, the State of Illinois. The present action was initiated when the State filed a quo warranto action challenging the District's authority to annex territory in *750 southwestern Boone County. The trial court held that the annexation was not authorized by section 15-15 of the Public Library District Act of 1991(Act) (75 ILCS 16/15-15 (West 2002)) and that the notice of the annexation published by the District was defective (see 75 ILCS 16/1-30 (West 2002)). For the reasons that follow, we affirm.

The instant dispute arose out of the District's attempt to annex certain land in Boone County. The land was adjacent to the District's borders and was located within two school districts that are partially served by the District. Invoking section 15-15 of the Act (75 ILCS 16/15-15 (West 2002)), the District sought to annex the territories by ordinance. No referendum was held. Section 15-15 provides, in pertinent part, as follows:

"Whenever a municipality or school district included entirely or partially within a district has annexed or otherwise includes within its boundaries territory contiguous to the district and without local tax supported public library service, the district may annex that territory by the passage of an ordinance to that effect, describing the territory annexed and reciting the prior annexation or other inclusion of the territory by the municipality or school district." 75 ILCS 16/15-15 (West 2002).

This statute allows, in certain circumstances, a library district to annex territories solely by passing an ordinance. Those circumstances are: (1) the municipality or school district is partially or wholly a part of a library district, and (2) the municipality or school district "has annexed or otherwise includes" the territory within its boundaries.

At issue in this appeal is the meaning of the phrase "otherwise includes." The State reads it to require that the territory was the object of some action by the municipality or school district that resulted in it being included within the municipality or school district. The District, conversely, argues that "otherwise includes" simply means the state of being included within the entity in question. The distinction is significant in this case, for the territory at issue was never annexed or otherwise added to the two school districts. It was apparently always a part of them. If, then, the State is correct, section 15-15 applies only where a school district or municipality takes some action to bring territory external to it within the boundaries of the school district or municipality. In that case, the District's attempted annexation at issue in the present case would be void, for section 15-15 would not apply to this situation.

To resolve this question, we must construe section 15-15. Statutory construction is a question of law; therefore, our review is de novo. Alison C. v. Westcott, 343 Ill.App.3d 648, 650, 278 Ill.Dec. 429, 798 N.E.2d 813 (2003). Our primary goal in construing a statute is to ascertain and give effect to the intent of the legislature. Vrombaut v. Norcross Safety Products, L.L.C., 298 Ill.App.3d 560, 562, 232 Ill.Dec. 708, 699 N.E.2d 155 (1998). Typically, the best indicator of that intent is the plain language of the statute itself. Boaden v. Department of Law Enforcement, 171 Ill.2d 230, 237, 215 Ill.Dec. 664, 664 N.E.2d 61 (1996). However, where a statute is ambiguous, we may turn to external aids to guide our inquiry. People v. Hicks, 164 Ill.2d 218, 222, 207 Ill.Dec. 295, 647 N.E.2d 257 (1995). Among these aids are the various rules of construction that have been developed by the courts. Useful here is the principle that a statute should be construed such that no portion of it is rendered meaningless. In re Marriage of Kates, 198 Ill.2d 156, 167, 260 Ill.Dec. 309, 761 N.E.2d 153 (2001). Moreover, where *751 two statutes relate to the same subject matter, they should be construed in pari materia, and an interpretation that gives meaning to both is favored. Anderson v. Chicago Board of Election Commissioners, 284 Ill.App.3d 832, 835-36, 220 Ill.Dec. 247, 672 N.E.2d 1259 (1996).

We have little difficulty concluding that this statute is ambiguous and that external aids of construction are necessary to discern the intent of the legislature. The parties and the Illinois Library Association, which filed a brief as amicus curiae, contend that the statute is clear and that its plain language controls. No one, however, agrees on what the statute means. Mere disagreement between the parties is not, of course, a sufficient reason to find a statute ambiguous. Cf. USG Interiors, Inc. v. Commercial & Architectural Products, Inc., 241 Ill.App.3d 944, 949, 182 Ill.Dec. 277, 609 N.E.2d 811 (1993) (applying this principle to a contract). However, where, as here, multiple parties advance alternate but reasonable interpretations of a statute, the statute is ambiguous. Land v. Board of Education of the City of Chicago, 202 Ill.2d 414, 426, 269 Ill.Dec. 452, 781 N.E.2d 249 (2002).

The District's reading of the statute finds support in the grammar of the statute itself, as well as some additional support in its legislative history. Section 15-15 states that territory may be annexed to a library district if it has been annexed by a municipality or school district or if the school district or municipality otherwise includes the territory. Note that "has annexed" is in the past tense and "otherwise includes" is in the present tense. 75 ILCS 16/15-15 (West 2002).

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828 N.E.2d 748, 356 Ill. App. 3d 893, 293 Ill. Dec. 438, 2005 Ill. App. LEXIS 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cherry-valley-public-library-illappct-2005.