Town of Libertyville v. Blecka

536 N.E.2d 1271, 180 Ill. App. 3d 677, 130 Ill. Dec. 60, 1989 Ill. App. LEXIS 347
CourtAppellate Court of Illinois
DecidedMarch 22, 1989
Docket2-88-0298
StatusPublished
Cited by10 cases

This text of 536 N.E.2d 1271 (Town of Libertyville v. Blecka) 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 Libertyville v. Blecka, 536 N.E.2d 1271, 180 Ill. App. 3d 677, 130 Ill. Dec. 60, 1989 Ill. App. LEXIS 347 (Ill. Ct. App. 1989).

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

Plaintiff, Town of Libertyville (Libertyville), appeals from an order of the trial court which dismissed its complaint for condemnation against defendants, Lawrence Blecka et al. Libertyville sought to acquire a 10-acre parcel of land from defendants pursuant to the Township Open Space Act (Act) (111. Rev. Stat. 1987, ch. 139, par. 321 et seq.). On appeal, Libertyville contends that the trial court erred in determining that, under the Act, open land or open space means a parcel of land which has a size of 50 acres or more.

Libertyville has acquired the fee simple or a lesser interest in 650 acres of land as part of its open-space program and is seeking to acquire an additional 1,300 acres. On September 16, 1987, Libertyville filed an eminent domain action against defendants to acquire a 10-acre parcel of land. On its eastern border, the 10-acre parcel abutted 285 acres of existing township open space. On its western border, the parcel adjoined a 70-acre tract of land which Libertyville made the subject of a separate condemnation action.

In their motion to dismiss Libertyville’s complaint, defendants alleged that (1) under the Act, Libertyville did not have the authority to condemn a parcel of land which was less than 50 acres, and (2) Libertyville did not make a bona fide attempt to compensate defendants for their property prior to instituting eminent domain proceedings. After it conducted a hearing on defendant’s motion, the trial court dismissed Libertyville’s complaint. In a written order, the trial court made the following findings:

“1. Plaintiff Town of Libertyville made a bona fide attempt to agree on the compensation to be paid to Defendants prior to the filing of the Complaint, and the parties were not able to agree on compensation.

2. The property that is the subject of the Complaint for Condemnation (‘the Subject Property’) is approximately ten (10) acres and is therefore not open land within the meaning of 111. Rev. Stat. ch. 139, §322(b) because it is less than 50 acres.

3. Because the Court finds that the Subject Property is not open land, Plaintiff does not have authority to condemn the Subject Property under 111. Rev. Stat. ch. 139, §324.02.”

From that order, Libertyville has timely brought this appeal.

The sole issue raised on appeal is whether a parcel of land with an area of less than 50 acres can be considered open land pursuant to section 2(b) of the Act (111. Rev. Stat. 1987, ch. 139, par. 322(b)).

Section 2(b) of the Act states:

“ ‘Open land’ or ‘open space’ means any space or area of land or water of an area of 50 acres or more, the preservation or the restriction of development or use of which would maintain or enhance the conservation of natural or scenic resources; protect natural streams or water supply; promote conservation of soils, wet lands or shores; afford or enhance public outdoor recreation opportunities; preserve flora and fauna, geological features, historic sites or other areas of educational or scientific interest; enhance the value to the public of abutting or neighboring highways, parks or other public lands; implement the plan of development adopted by the planning commission of any municipality or promote orderly urban or suburban development.” (Emphasis added.) 111. Rev. Stat. 1987, ch. 139, par. 322(b).

It is undisputed that plaintiff was authorized in an election held pursuant to section 3 of the Act (Ill. Rev. Stat. 1987, ch. 139, par. 323) to institute an open-space program. Plaintiff’s board of trustees thereby received the authority pursuant to section 4.02 of the Act (Ill. Rev. Stat. 1987, ch. 139, par. 324.02) to acquire the fee or any lesser interest in open land as that term is defined in section 2 of the Act (Ill. Rev. Stat. 1987, ch. 139, par. 322). Under section 4.02, open land may be acquired by gift, legacy, purchase, or through the exercise of the right of eminent domain.

Our reading of the relevant statutes, stripped of irrelevant references, empowers the township:

“To acquire by *** condemnation *** the fee *** in real property that is open land, as defined in Section 2 [Ill. Rev. Stat. 1987, ch. 139, par. 322(b)] ***.” (Ill. Rev. Stat. 1987, ch. 139, par. 324.02.)

And, the Act defines “open land”:

“ ‘Open land’ *** means any *** area of land *** of an area of 50 acres or more ***.” (Ill. Rev. Stat. 1987, ch. 139, par. 322(b).)

Defendants contend that under these provisions, only areas of land consisting of 50 acres or more can qualify for condemnation as open space. Plaintiff argues that these provisions were only intended to impose a minimum acreage requirement upon a township’s entire open-space program.

When a court interprets a statutory provision, it must attempt to ascertain and give effect to the intent of the legislature in enacting the provision. (Town of Libertyville v. Bank of Waukegan (1987), 152 Ill. App. 3d 1066, 1070.) If this can be done solely by examining the language of the provision, the court may not resort to other aids for construction. (Maloney v. Bower (1986), 113 Ill. 2d 473, 479.) When a statute contains language with an ordinary and popularly understood meaning, the courts will assume that its meaning was intended by the legislature. (People v. Haywood (1987), 118 Ill. 2d 263.) When interpreting a statute, the courts must give the language of the statute its plain and ordinary meaning. (Maloney v. Bower (1986), 113 Ill. 2d 473.) The legislature has the power to define terms within a statute in any reasonable manner. (Commonwealth Edison Co. v. Property Tax Appeal Board (1984), 102 Ill. 2d 443.) If the statutory language is clear and unambiguous, the court must give effect to that language. Maloney, 113 Ill. 2d at 479.

Section 2(b) of the Act defines the terms “open land” and “open space” as “any space or area of land or water of an area of 50 acres or more” which has one or more of the open-space attributes which are subsequently mentioned. We believe that an ambiguity exists with regard to the meaning of the word “area” the second time that word appears in section 2(b). The first time the word “area” appears in the provision, it is clear from the context that the legislature intended it to be synonymous with the word “region.” It is not clear whether the legislature intended the term “area” to have the same meaning the second time it appears in section 2(b) or if it intended that term to be synonymous with “size.” If the legislature intended the phrase “of an area” to mean “of a size,” defendants’ interpretation of section 2(b) is correct, and plaintiff can only acquire parcels of land measuring 50 acres or more. Otherwise, a parcel may be acquired if it is part of a larger tract of 50 acres or more with one or more open-space attributes.

Defendants’ construction of section 2(b) would certainly be correct if the phrase “of an area” had been omitted from the provision. Section 2(b) would then define open land as “any space or area of land or water of 50 acres or more” with one or more of the subsequently mentioned open-space attributes.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Johnson
595 N.E.2d 1381 (Appellate Court of Illinois, 1992)
Egidi v. Town of Libertyville
578 N.E.2d 1300 (Appellate Court of Illinois, 1991)
Town of Libertyville v. First National Bank of Lake Forest
549 N.E.2d 1274 (Illinois Supreme Court, 1990)
Towne v. Town of Libertyville
546 N.E.2d 810 (Appellate Court of Illinois, 1989)
Town of Libertyville v. Northwest National Bank
544 N.E.2d 1151 (Appellate Court of Illinois, 1989)
Town of Libertyville v. Connors
541 N.E.2d 250 (Appellate Court of Illinois, 1989)
McNames v. Rockford Park District
540 N.E.2d 1119 (Appellate Court of Illinois, 1989)
Town of Libertyville v. Ypma
536 N.E.2d 1275 (Appellate Court of Illinois, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
536 N.E.2d 1271, 180 Ill. App. 3d 677, 130 Ill. Dec. 60, 1989 Ill. App. LEXIS 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-libertyville-v-blecka-illappct-1989.