Steffes v. Vulcan Materials Co.

579 N.E.2d 848, 144 Ill. 2d 284, 162 Ill. Dec. 34, 1991 Ill. LEXIS 70
CourtIllinois Supreme Court
DecidedSeptember 19, 1991
DocketNo. 70625
StatusPublished
Cited by6 cases

This text of 579 N.E.2d 848 (Steffes v. Vulcan Materials Co.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steffes v. Vulcan Materials Co., 579 N.E.2d 848, 144 Ill. 2d 284, 162 Ill. Dec. 34, 1991 Ill. LEXIS 70 (Ill. 1991).

Opinion

JUSTICE CUNNINGHAM

delivered the opinion of the court:

The six petitioners in this case, the Steffeses, filed their petition in the circuit court of Will County pursuant to section 7 — 1—2 of the Illinois Municipal Code (the Code) (Ill. Rev. Stat. 1987, ch. 24, par. 7 — 1—2) seeking annexation of their property, and that of Vulcan Materials Company (Vulcan) and American Cyanamid Company (American Cyanamid), to the City of Joliet, Illinois. The petition requested “submission of the question of the annexation of said territory to the corporate authorities of the City of Joliet,” averring, inter alia, that petitioners constitute “a majority of the owners of record of all the lands” to be annexed. Several entities filed objections, including Vulcan and American Cyanamid, both of which claimed that the petition had not been signed by a majority of the landowners in the area proposed for annexation, as is required by section 7 — 1—2 of the Code. The circuit court rejected this contention as well as others raised by the objectors, and ordered the question of annexation submitted to the corporate authorities of the City of Joliet for final action.

Vulcan appealed, and during the pendency of the appeal, the Appellate Court, Third District, allowed Lara-way School District to intervene as an appellant-objector. At issue in the appellate court was the proper interpretation of the phrase, “majority of the owners of record,” as used in section 7 — 1—2 of the Code. The objectors contended that the six Steffeses, who were co-owners of a single tract of land, should be collectively considered as only one owner of record. The six petitioners, of course, claimed that they, as tenants in common, were each fee title holders and thus each owners of record. As such, they constituted a clear 6 to 2 majority of the “owners of record.” The appellate court agreed with the objectors and reversed the judgment of the circuit court. (198 Ill. App. 3d 69, 73.) We allowed the Steffeses’ petition for leave to appeal (134 Ill. 2d R. 315).

Petitioners’ property is the farthest of the three tracts of land from the corporate limits of the City of Joliet. Vulcan’s 75-acre tract is the only one of the three which is contiguous to the City of Joliet. American Cyan-amid’s 70-acre tract is contiguous to Vulcan’s tract, but is not contiguous to the City of Joliet. Petitioners’ 55-acre tract is contiguous only to American Cyanamid’s tract. Petitioners need to force annexation of the intervening properties if they are to achieve the necessary contiguity of their own property for the purposes of annexation.

Prior to February 7, 1989, Union National Bank and Trust Company of Joliet held record ownership of the petitioners’ 55-acre tract under trust number 3235. Rex Steffes, Dale Steffes, and Robert Steffes were the only beneficiaries of the trust. The beneficiaries, on February 7, 1989, caused the trustee to convey title to themselves and their wives as tenants in common. Later that day, the co-owners filed a petition to annex their 55-acre tract, and the two intervening parcels owned by Vulcan and American Cyanamid, to the City of Joliet. In the circuit court, Rex Steffes acknowledged that the transfer of title to the property had been undertaken to effectuate the annexation. It was apparently uncontraverted in the appellate court that the conveyance was “effected for the sole purpose of meeting the statutory requirement that the petition be signed by a majority of the owners of record of the territory sought to be annexed.” 198 Ill. App. 3d at 71.

Section 7 — 1—2 of the Code (Ill. Rev. Stat. 1987, ch. 24, par. 7 — 1—2) provides that landowners may commence annexation proceedings by filing a petition “signed by a majority of the owners of record of land in such territory, and also by a majority of the electors, if any, residing in such territory.” At issue in this appeal is the proper interpretation of the phrase, “majority of the owners of record,” as used in the annexation statute.

“The word ‘owner,’ as applied to land, has no fixed meaning which can be declared to be applicable under all circumstances and as to any and every enactment. It usually denotes a fee simple estate, [citations] but it has been defined to include one who has the usufruct, control or occupation of land with a claim of ownership, whether his interest be an absolute fee or a less estate.” (Coombs v. People (1902), 198 Ill. 586, 588.)

For purposes of objecting to the alteration of a zoning classification, this court has held that purchasers under a contract are to be considered “owners.” (Chapman v. County of Will (1973), 55 Ill. 2d 524, 531-32.) In an analogous situation involving drainage district dissolution, this court has held that the holder of a life estate and the owner of the remainder are both to be considered “owners” for purposes of the dissolution petition. (Warren v. Lower Salt Creek Drainage District (1925), 316 Ill. 345, 348-49; Hull v. Sangamon River Drainage District (1906), 219 Ill. 454, 458-59.) More to the point, this court has proceeded as if co-owners — assuming they are bona fide owners — could properly be counted as property owners in drainage district dissolution proceedings. Cosby v. Barnes (1911), 251 Ill. 460, 465.

The requirement of bona fide ownership has also figured in annexation cases. For example, in Crocher v. Abel (1932), 348 Ill. 269, eight of the petitioning property owners had, “[w]ithin a comparatively short time before the petition was signed,” caused their respective properties to be transferred to themselves and their spouses as joint tenants. It was claimed that the conveyances were made for the sole purpose of enabling the proponents of annexation to obtain the necessary number of signatures to the petition and that the spouses were not bona fide property owners and should not be counted among the petitioners. This court — implicitly holding both that the bona fides of the transactions were subject to judicial scrutiny and that joint owners might be counted as “owners” — determined that the “bona fides of the transactions was a question of fact, which [was] not reviewable on certiorari.” (Crocher, 348 Ill. at 277.) Petitioners suggest that review of the bona fide nature of conveyances preceding the filing of annexation petitions can provide a safeguard against abuse of the annexation process. We agree. We will consider the bona fide nature of the conveyance in this case for annexation purposes later in this opinion.

We now turn our attention to In re Petition to Annex Certain Territory to the Village of Round Lake Park (1975), 29 Ill. App. 3d 651, a case which we find factually indistinguishable from the instant case and the reasoning of which petitioners urge us to adopt. In Round Lake, as in this case, title to the land to be annexed was previously in a land trust and petitioners had been beneficiaries of the original trust. As in this case, petitioners in Round Lake executed directions to the trustee to convey to them in order to establish their ownership and thus accomplish the desired annexation. The appellate court in Round Lake held that petitioners were fee title owners of the property in question and thus qualified as “owners of record” for purposes of the relevant annexation statute (Ill. Rev. Stat. 1973, ch. 24, par. 7 — 1—4). (Round Lake, 29 Ill. App. 3d at 655.) The court also rejected the objectors’ claims of bad faith and subterfuge in the transaction which proceeded the petition for annexation.

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Cite This Page — Counsel Stack

Bluebook (online)
579 N.E.2d 848, 144 Ill. 2d 284, 162 Ill. Dec. 34, 1991 Ill. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steffes-v-vulcan-materials-co-ill-1991.