Village of Chatham v. County of Sangamon

814 N.E.2d 216, 351 Ill. App. 3d 889, 286 Ill. Dec. 566
CourtAppellate Court of Illinois
DecidedAugust 11, 2004
Docket4-03-0878
StatusPublished
Cited by37 cases

This text of 814 N.E.2d 216 (Village of Chatham v. County of Sangamon) 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
Village of Chatham v. County of Sangamon, 814 N.E.2d 216, 351 Ill. App. 3d 889, 286 Ill. Dec. 566 (Ill. Ct. App. 2004).

Opinions

PRESIDING JUSTICE KNECHT

delivered the opinion of the court:

Defendant, County of Sangamon (County), appeals the trial court’s grant of summary judgment in favor of plaintiff, Village of Chatham (Village), and its finding that Division 15.1 (65 ILCS 5/11 — 15.1 — 1 through 11 — 15.1 — 5 (West 2002)) of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/1 — 1 — 1 through 11 — 152 — 4 (West 2002)) granted the Village zoning and building-code jurisdiction over lands subject to annexation agreements. Specifically, the County argues (1) the court erred in finding the Village had zoning and building-code jurisdiction; (2) section 11 — 15.1 — 2.1 is unconstitutional special legislation; (3) the court’s interpretation of Division 15.1 made it an invalid exercise of police power; (4) issues of material fact existed to preclude summary judgment; and (5) declaratory judgment was improper. We affirm.

I. BACKGROUND

A. Overview of Relevant Statutory and Case Law

In 1963, the Illinois legislature passed Division 15.1 of the Municipal Code, granting municipalities the power to enter into annexation agreements with owners of unincorporated territory, providing that the land could be annexed to the municipality once it became contiguous to the property. 1963 Ill. Laws 2157 (eff. July 31, 1963) (adding Ill. Rev. Stat. 1963, ch. 24, pars. 11 — 15.1 — 1 through 11— 15.1— 5). In 1989, the Second District held the land subject to these agreements had to be contiguous. Annexation agreements concerning noncontiguous land were declared invalid. Village of Lisle v. Action Outdoor Advertising Co., 188 Ill. App. 3d 751, 544 N.E.2d 836 (1989) (Second District). In 1990, the legislature amended section 11— 15.1— 1 of the Municipal Code to provide for municipal jurisdiction over the lands subject to annexation agreements and to permit annexation agreements to cover noncontiguous lands as follows:

“Property that is the subject of an annexation agreement adopted under this [s]ection is subject to the ordinances, control, and jurisdiction of the municipality in all respects the same as property owned by the municipality that lies within its corporate limits.
Lack of contiguity to the municipality of property that is the subject of an annexation agreement does not affect the validity of the agreement whether approved by the corporate authorities before or after the effective date of this amendatory Act of 1990.” Pub. Act 86 — 1169, § 1, eff. January 1, 1991 (1990 Ill. Laws 1611, 1612-13).

In 1993, the first paragraph quoted above was moved to a new section (section 11 — 15.1 — 2.1) of the Municipal Code, and a provision mandating contiguity as a condition of jurisdiction in Cook County, the collar counties, and the metro-east area was added. Pub. Act 87— 1137, § 1, eff. January 1, 1993 (1992 Ill. Laws 3091); as amended, see 65 ILCS 5/11 — 15.1 — 1, 11 — 15.1 — 2.1 (West Supp. 1993).

In April 2001, this court decided City of Springfield v. Judith Jones Dietsch Trust, 321 Ill. App. 3d 239, 746 N.E.2d 1272 (2001), to determine whether the City of Springfield or the Village had jurisdiction to regulate the subdivision of property contiguous to Springfield and within its statutory planning jurisdiction but subject to an annexation agreement between the property owner and the Village. This court held in cases where property is subject to conflicting claims of jurisdiction, the annexing municipality’s subdivision and zoning jurisdiction overrides another municipality’s statutory grant of planning jurisdiction over its formerly unincorporated planning area.

In January 2002 and July 2002, this court held the City of Springfield had statutory rights superior to both the Village and the County to regulate septic systems extraterritorially, even over lands subject to an annexation agreement, pursuant to section 11 — 125 — 2 of the Municipal Code and section 96.019 of City of Springfield Code of Ordinances. City of Springfield v. Hashman, No. 4 — 01 — 0002 (January 17, 2002) (unpublished order under Supreme Court Rule 23), vacated & reconsidered, 332 Ill. App. 3d 748, 774 N.E.2d 427 (2002); Springfield Code of Ordinances, ch. 96, § 96.019 (1988). In its later resolution, this court did not discuss Judith Jones Dietsch Trust or consider the City’s arguments concerning the annexation agreement and zoning ordinances.

B. Procedural Background of This Controversy

In March 2003, the Village filed a complaint against the County for declaratory judgment that it had zoning and building-code jurisdiction over the lands subject to annexation agreements pursuant to section 11 — 15.1 — 2.1 of the Municipal Code. In May 2002, the County filed a counterclaim for declaratory judgment that it, not the Village, had legal jurisdiction over the lands in issue for zoning, building-code, and Plat Act (765 ILCS 205/1 through 14 (West 2002)) purposes. The County later dropped the Plat Act portion of the counterclaim.

The County also filed two affirmative defenses to the Village’s claim. The County claimed section 11 — 15.1 — 2.1 of the Municipal Code was unconstitutional as special legislation. It also claimed Division 15.1 was an invalid exercise of police powers.

In May 2002, while awaiting the outcome of this litigation, the Village and County entered into a stipulation whereby both the County and Village could issue building permits for lands subject to annexation agreements but only the County would charge a fee. Those fees are maintained by the clerk of the county and held in escrow until the resolution of this case.

In June 2002 and October 2002, the Village and the County filed cross-motions for summary judgment. In June 2003, the trial court granted summary judgment in favor of the Village. The court found “Division 15.1 of the Municipal Code grants jurisdiction over lands subject to annexation agreements.” The court relied on this court’s holding in Judith Jones Dietsch Trust and agreed with the Village that “the intent of the legislature’s amendments to [Division 15.1] following Lisle was an overt attempt to overrule that decision legislatively and give full extraterritorial building and zoning jurisdiction over lands subject to annexation agreements.” This appeal followed.

II. ANALYSIS

We must determine whether the Village or the County has zoning and building-code jurisdiction of unincorporated property within the statutory zoning jurisdiction of the County but subject to an annexation agreement with the Village. This case is on appeal from the trial court’s grant of a motion for summary judgment in favor of the Village.

Summary judgment is appropriate when the pleadings, depositions, admissions, and affidavits, if any, show no genuine issues as to any material fact appear and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2002); First of America Bank v. Netsch, 166 Ill.

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

Related

Hickory Wind, LLC v. Village of Cedar Point
2025 IL App (3d) 240513 (Appellate Court of Illinois, 2025)
In re Marriage of Jones
2024 IL App (2d) 240229-U (Appellate Court of Illinois, 2024)
Bitner v. City of Pekin
2024 IL App (4th) 230718 (Appellate Court of Illinois, 2024)
Scott v. American Alliance Casualty Co.
2024 IL App (4th) 231305 (Appellate Court of Illinois, 2024)
City of East Peoria v. Board of Trustees of the Police Pension Fund of East Peoria
2023 IL App (4th) 220816 (Appellate Court of Illinois, 2023)
People v. Mercado
2023 IL App (3d) 220202-U (Appellate Court of Illinois, 2023)
Brogan v. Colatorti
2022 IL App (2d) 220160-U (Appellate Court of Illinois, 2022)
Kloeppel v. Champaign County Board
2021 IL App (4th) 210091 (Appellate Court of Illinois, 2021)
LLC 1 05333303020 v. Gil
2020 IL App (1st) 191225 (Appellate Court of Illinois, 2020)
Labell v. City of Chicago
2019 IL App (1st) 181379 (Appellate Court of Illinois, 2020)
Labell v. The City of Chicago
2019 IL App (1st) 181379 (Appellate Court of Illinois, 2019)
Of the Fox Creek Subdivision v. Village of Campton Hills
926 N.E.2d 429 (Appellate Court of Illinois, 2010)
Board of Educ. Dist. 204 v. School Trustees
913 N.E.2d 630 (Appellate Court of Illinois, 2009)
Raintree Homes, Inc. v. Village of Long Grove
906 N.E.2d 751 (Appellate Court of Illinois, 2009)
Las Vegas Convention & Visitors Authority v. Miller
191 P.3d 1138 (Nevada Supreme Court, 2008)
Napleton v. Village of Hinsdale
Appellate Court of Illinois, 2007
Morr-Fitz, Inc. v. Blagojevich
867 N.E.2d 1164 (Appellate Court of Illinois, 2007)
Seigles, Inc. v. City of St. Charles
849 N.E.2d 456 (Appellate Court of Illinois, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
814 N.E.2d 216, 351 Ill. App. 3d 889, 286 Ill. Dec. 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-chatham-v-county-of-sangamon-illappct-2004.