Reed-Custer Community Unit School District No. 255-U v. City of Wilmington

625 N.E.2d 381, 253 Ill. App. 3d 503, 192 Ill. Dec. 421
CourtAppellate Court of Illinois
DecidedJanuary 19, 1994
Docket3-92-0580
StatusPublished
Cited by10 cases

This text of 625 N.E.2d 381 (Reed-Custer Community Unit School District No. 255-U v. City of Wilmington) 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
Reed-Custer Community Unit School District No. 255-U v. City of Wilmington, 625 N.E.2d 381, 253 Ill. App. 3d 503, 192 Ill. Dec. 421 (Ill. Ct. App. 1994).

Opinion

JUSTICE LYTTON

delivered the opinion of the court:

The City of Wilmington (City) adopted ordinances establishing a tax increment finance (TIE) district. Plaintiffs, various local taxing districts, brought suit challenging the validity of the ordinances. Thereafter, the circuit court declared the ordinances void and permanently enjoined the City from further implementing the TIF project and plan. The City brought this appeal. We affirm.

The primary issue on appeal involves the status of the subject land, i.e., whether the land is “vacant” and therefore eligible for assistance under the Tax Increment Allocation Redevelopment Act (Ill. Rev. Stat. 1989, ch. 24, par. 11 — 74.4—1 et seq.).

On February 15, 1991, Reed-Custer Community Unit School District No. 255-U, Braidwood Park District, Reed Township, Fossil Ridge Library District, Braidwood Fire Protection District, and Reed Township Mosquito Abatement District (collectively referred to as plaintiffs) filed a complaint for injunctive and declaratory relief against the City of Wilmington. The subject of the complaint was property known as Shadow Lakes, which was annexed to the City of Wilmington in 1987. Plaintiffs asserted that the City’s ordinances violated the Real Property Tax Increment Allocation Redevelopment Act (Act) (Ill. Rev. Stat. 1977, ch. 24, par. 11 — 74.4—1 et seq.), because the finding of the city council that Shadow Lakes was vacant was clearly erroneous and without substantial support in fact. They alleged that they would be irreparably harmed by the improper and illegal diversion of tax revenues from their taxing districts. Plaintiffs sought an order declaring that the Wilmington redevelopment plan and project violated the Act, and an injunction preventing the City from implementing the project from selling bonds, undertaking obligations or making expenditures pursuant to the project.

Many of the significant facts in this case are undisputed. Shadow Lakes is situated within the corporate boundaries of the plaintiffs’ taxing districts. On December 27, 1990, the Wilmington city council passed ordinance No. 1110, approving the “Tax Increment Redevelopment Plan and Project” (Project). On that date, the City also passed ordinance No. 1111, designating Shadow Lakes as redevelopment project area number 1, and ordinance No. 1112, adopting tax increment financing and approving the plan and project for Shadow Lakes.

The evidence indicated that Shadow Lakes was an area of approximately 606 acres, located in Will County, Illinois. About 40 years ago, strip-mining operations ceased, and the area became known as a place for motorcycle gangs and as a dumping ground for automobiles and other debris. Eventually, the Illinois Environmental Protection Agency (EPA) brought an action to enforce environmental restrictions.

Prior to 1987, several attempts were made to develop Shadow Lakes. These efforts failed. In 1989, a partnership named Shadow Lakes Properties purchased the land. An impediment to the development of the property was the need to construct a sewer main and two lift stations in order to connect Shadow Lakes with the City of Wilmington. In the interim, sewage was being collected in holding tanks and trucked to the Wilmington sewage treatment plant. These tanks are considered temporary by the EPA, and the EPA has placed the City on a restricted list for operating in excess of capacity. The tank-and-haul system has never been considered a permanent solution for Shadow Lakes’ sewage needs. Accordingly, the City passed the TIE ordinances mentioned above to finance the necessary improvements.

At the time that the City passed its TIE ordinances, there existed the following structures and vehicles on the property: a sales office, a beach house, a maintenance building, 12 homes, 62 park model recreational vehicles, and 51 other recreational vehicles. The “park models” are trailer-type vehicles, up to 400 square feet in size, with the corners sometimes sitting upon cement blocks. The parties disagree as to the significance of these structures and vehicles as they relate to the issue of vacancy.

The circuit court found for the plaintiffs, declaring the City’s plan and ordinances invalid under the Act, and permanently enjoined the City from further implementation of its plan and ordinances. The trial judge found that Shadow Lakes was not eligible under the Act because it did not constitute “vacant land.”

On appeal, the City raises three interrelated issues regarding the eligibility of the Shadow Lakes property for TIE assistance: (a) whether the trial judge erred in finding that the Shadow Lakes area was not vacant, (b) whether the plaintiffs failed to meet their burden of overcoming the presumed validity of factual findings of the City’s ordinances, and (c) whether the trial judge erred in substituting its judgment for the finding of the city council that Shadow Lakes was vacant.

In the landmark opinion of People ex rel. City of Canton v. Crouch (1980), 79 Ill. 2d 356, 403 N.E.2d 242, the Illinois Supreme Court reviewed the history, purpose and procedures of the Tax Increment Allocation Redevelopment Act, saying:

“The Act became effective January 10, 1977. Its stated purpose is to eradicate blighted conditions and prevent new ones from occurring. The intent of the Act is to redevelop blighted areas so as to prevent the further deterioration of the tax bases of these areas and to remove the threat to the health, safety, morals and welfare of the public which blighted conditions present.
(Ill. Rev. Stat. 1977, ch. 24, pars. 11 — 74.4—2(a), (b).) The General Assembly declared:
‘[I]ncremental tax revenues derived from the tax rates of various taxing districts in redevelopment project areas for the payment of redevelopment project costs is of benefit to said taxing districts for the reasons that taxing districts located in redevelopment project areas would not derive the benefits of an increased assessment base without the benefits of tax increment financing ***.’ Ill. Rev. Stat. 1977, ch. 24, par. 11 — 74.4—2(c).” Crouch, 79 Ill. 2d at 360.

Once a TIF plan and project is authorized, a municipality can use a number of powers granted to it under the Act to improve a blighted area and implement a plan. Crouch, 79 Ill. 2d at 360-62; Ill. Rev. Stat. 1991, ch. 24, pars. 11-74.4-4, 11-74.4-7.

Not all land is eligible for TIF financing. To qualify as a “blighted area,” the land must be either (a) improved land meeting at least five statutory criteria, or (b) vacant land which impairs the growth of taxing districts due to the presence of at least two statutory criteria. (Ill. Rev. Stat. 1991, ch. 24, par. 11 — 74.4—3(a).) In this case, the City has maintained that Shadow Lakes was eligible under the “vacant land” provision of the statute.

For purposes of implementing section 11 — 74.4—3(a), the statute provides a definition of “vacant land”:

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Bluebook (online)
625 N.E.2d 381, 253 Ill. App. 3d 503, 192 Ill. Dec. 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-custer-community-unit-school-district-no-255-u-v-city-of-wilmington-illappct-1994.