Town of Godfrey v. City of Alton

338 N.E.2d 890, 33 Ill. App. 3d 978, 1975 Ill. App. LEXIS 3280
CourtAppellate Court of Illinois
DecidedDecember 3, 1975
Docket74-377
StatusPublished
Cited by3 cases

This text of 338 N.E.2d 890 (Town of Godfrey v. City of Alton) 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
Town of Godfrey v. City of Alton, 338 N.E.2d 890, 33 Ill. App. 3d 978, 1975 Ill. App. LEXIS 3280 (Ill. Ct. App. 1975).

Opinion

Mr. JUSTICE EBERSPACHER

delivered the opinion of the court:

This is an appeal by the plaintiffs, Town of Godfrey el al., from a judgment entered for the defendant, City of Alton, by the circuit court of Madison County on plaintiffs’ action for a declaratory judgment or, in the alternative, a writ of mandamus.

The facts set forth in plaintiffs’ complaint are undisputed. The Town of Godfrey is a township organized and existing under the laws of the State of Illinois. .The City of Alton is a municipal corporation organized and existing under the laws of the State of Illinois. Godfrey Township is in Madison County, which has a population in excess of 150,000. Godfrey Township contains territory in excess of 4 square miles and has a population in excess of 16,000. Plaintiffs want to submit to the voters of the Town of Godfrey the question of whether or not the entire Town of Godfrey should incorporate as a village. Section 2 — 3—5a of the Illinois Municipal Code (Ill. Rev. Stat. 1973, ch. 24, par. 2—3—5a) provides, in pertinent part:

“Whenever in any county of 150,000 or more population * * any area of contiguous territory contains at least 4 square miles and 2500 inhabitants residing in permanent dwellings, that area may be incorporated as a village * *.
# * #
If [however] the area lies within 1% miles of the limits of any existing municipality, the consent of that municipality must be obtained before the area may be incorporated.”

A request was made of the City of Alton for its consent to allow voters who are residents of Godfrey Township and not residents of the City of Alton, but who reside within the IVa-mile zone of the City of Alton to vote on the question of incorporation, and to allow that area to incorporate. The City of Alton refused to give its consent.

The plaintiffs filed a complaint seeking a declaratory judgment declaring that portion of the statute requiring the consent of any existing municipality before the area within IV2 miles of that municipality can incorporate as a village unconstitutional. The plaintiffs contended in their complaint that the consent requirement was unreasonable, arbitrary, vague, and discriminatory. In the alternative, the plaintiffs sought a writ of mandamus compelling the City of Alton to grant its consent. The trial court entered judgment for the defendant after finding “that the statute in question is not unconstitutional.” This appeal followed.

In addition to agreeing to the foregoing facts the parties each agree to the following principles of law: first, that the legislature has control over the creation and the corporate boundaries of municipalities located within tire State of Illinois; secondly, that municipalities have no power beyond their corporate limits except as provided by statute; and- lastly, that the legislature can delegate authority to municipalities to control beyond its boundaries when such constitutes a valid exercise of police power. The consensus between the parties terminates at this juncture and herein lies the dispute between the parties — the constitutionality of the statutory provision requiring the Town of Godfrey to secure the consent of the City of Alton before it may incorporate as a village (Ill. Rev. Stat. 1971, ch. 24, par. 2—3—5a).

The plaintiffs contend on appeal that such a requirement is, (1) an unlawful delegation of legislative authority, (2) without adequate standards and guidelines, (3) in violation of the constitutional prohibition against laws granting special privileges or immunities, and (4) in violation of the constitutional prohibition against the passage of special or local laws when a general law is or can be made applicable. No argument is, however, advanced concerning the propriety of the trial court’s denial of plaintiffs’ request for a writ of mandamus.

Prior to commencing our review of the plaintiffs’ contentions we consider it helpful to reiterate the general policy and procedure for review of a statute’s constitutionality. A strong presumption of constitutional validity attaches to a legislative enactment. (Livingston v. Ogilvie, 43 Ill.2d 9, 250 N.E.2d 138; Board of Library Directors v. City of Lake Forest, 17 Ill.2d 277, 161 N.E.2d 272.) Doubts are resolved in favor of constitutionality (People ex rel. City of Salem v. McMackin, 53 Ill.2d 347, 291 N.E.2d 807), and the burden of showing unconstitutionality is on the party who asserts it (Lehnhausen v. Lake Shore Auto Parts Co., 410 U.S. 356, 35 L.Ed.2d 351, 93 S.Ct. 1001, rehearing denied, 411 U.S. 910, 36 L.Ed.2d 200, 93 S.Ct. 1523, on remand, 54 Ill.2d 237, 296 N.E.2d 342, cert. denied, 414 U.S. 1039, 38 L.Ed.2d 329, 94 S.Ct. 539; Morey v. Doud, 354 U.S. 457, 1 L.Ed.2d 1485, 77 S.Ct. 1344; Jaris v. Public School Teachers’ Pension & Retirement Fund, 58 Ill.2d 15, 317 N.E.2d 51). In construing the provisions of a statute it is not only proper, but often necessary, to consider the provisions of other statutes relating to the saíne subject matter for the purpose of determining legislative intent. (Petterson v. City of Naperville, 9 Ill.2d 233, 133 N.E.2d 371; Hepner v. County Board of School Trustees, 8 Ill.2d 235, 133 N.E.2d 39.) It is a cardinal rule of construction that in ascertaining legislative intent, courts should consider the reason for the enactment and the objectives sought to be obtained by the statute. People v. Swartz, 21 Ill.2d 277, 171 N.E.2d 777; Petterson v. City of Naperville, 9 Ill.2d 233, 133 N.E.2d 371.

The statute in question (Ill. Rev. Stat. 1971, ch. 24, par. 2—3—5a) is one of numerous statutes which enable a municipality to control the development of contiguous territory located within IVz miles of its corporate limits and not contained within any other municipality. The legislature has seen fit to delegate to municipalities various powers over such contiguous territories including, for example, the power to zone (Ill. Rev. Stat. 1973, ch. 24, par. 11—13—1 et seq.).

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Bluebook (online)
338 N.E.2d 890, 33 Ill. App. 3d 978, 1975 Ill. App. LEXIS 3280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-godfrey-v-city-of-alton-illappct-1975.