Village of Fox River Valley Gardens v. Lake County Forest Preserve District

586 N.E.2d 813, 224 Ill. App. 3d 919, 166 Ill. Dec. 855
CourtAppellate Court of Illinois
DecidedJanuary 31, 1992
Docket2-91-0393
StatusPublished
Cited by8 cases

This text of 586 N.E.2d 813 (Village of Fox River Valley Gardens v. Lake County Forest Preserve District) 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 Fox River Valley Gardens v. Lake County Forest Preserve District, 586 N.E.2d 813, 224 Ill. App. 3d 919, 166 Ill. Dec. 855 (Ill. Ct. App. 1992).

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

This case involves an appeal and cross-appeal from an order disposing of two separate actions which were consolidated in the circuit court of Lake County. The order dismissed an eminent domain action brought by the Lake County Forest Preserve District (District) and entered judgment in favor of the Village of Fox River Valley Gardens (Village) and The Moorings on Fox River Limited Partnership (Partnership) in their action for declaratory judgment. The District appeals from the disposition of both actions, while the Village and Partnership cross-appeal from a number of adverse findings made by the trial court in reaching its decision.

The District seeks to condemn 225 acres of open land located entirely within the Village. Owned prior to August 1989 by the Cashmore family, the parcel (Cashmore property) lies along the north bank of the Fox River and consists in large part of wetlands and flood plain. Directly across the river, on the south bank, is Lyons Prairie, a 440-acre parcel of land owned by the McHenry County Conservation District. (See figure No. 1.) The southernmost boundary of the Cashmore property meets the northern boundary of Lyons Prairie at the center line of the Fox River.

The Village’s population, as reflected in the 1990 census, consisted of 665 persons. While it is not altogether clear which evidence was admitted by the trial court on the point, there is indication in the record that the residents relied solely on septic systems for sewage disposal since the Village did not have a municipal sanitary sewer system. There is also intimation in the record that problems had developed with at least some of those systems.

In January 1989 the Partnership entered into a contract for the purchase of the Cashmore property. Between January and June 1989 the Partnership conducted various activities necessary for the development of the parcel, such as environmental studies, surveys, and utilities investigations. The District began exploring the possibility of acquiring the Cashmore property in June 1989 by initiating an environmental assessment of the land.

On August 16, 1989, the Village annexed the Cashmore property pursuant to an annexation agreement between the Village and the Partnership. Under the terms of this agreement, the Village was bound to withhold its concurrence or consent to any condemnation proceedings affecting the property brought by any private association or governmental entity, including the District. The agreement also required the Partnership to install oversized sanitary sewer lines on the property, thus making sanitary sewer service available to the entire Village. Shortly following annexation the Partnership purchased the property for $4,700,000.

The following October, the District resolved to acquire the Cashmore property and ordered an appraisal of the parcel. In May 1990 the District informed the Village of its interest in the recently annexed Cashmore property. Later the same month the Village accepted, by oral resolution, a donation from the Partnership of a 20-foot-wide strip of land adjacent to and running along the entire southernmost boundary of the Cashmore property. Since that boundary is located at the center line of the Fox River, the 20-foot-wide strip begins in the middle of, and lies entirely within, the bed of the river. The conveyance was subject to a number of conditions, including agreement by the Village to reconvey the property to the Partnership upon request.

On June 18, 1990, after receiving and approving an appraisal of the property, the District offered to purchase the Cashmore parcel from the Partnership at the full amount of the appraisal. On June 20 the attorney for the District appeared at a Village Board meeting seeking the Village’s consent to the District’s purchase or condemnation of the Cashmore property. The requested consent was not given, and the following day the Partnership deeded the 20-foot strip to the Village.

On July 30, following the District’s adoption of a resolution authorizing both a final offer to the Partnership and, if necessary, an action in eminent domain, the Village and Partnership filed a complaint for declaratory judgment and injunctive relief. The complaint sought a judicial determination that the District did not have the statutory authority to acquire the Cashmore property. The District filed its complaint in eminent domain four days later. Both complaints cited to section 6 of “An Act to provide for the creation and management of forest preserve districts in counties having a population of less than 3,000,000” (Ill. Rev. Stat. 1989, ch. 96½, par. 6301 et seq.), now known as the Downstate Forest Preserve District Act (see Ill. Rev. Stat., 1990 Supp., ch. 96½, par. 6300) (hereinafter Act), for the parties’ respective positions as to the District’s authority to condemn the Cashmore property. Section 6 of the Act states, in pertinent part:

“Any such District shall have power to acquire lands and grounds for the aforesaid purposes by *** purchase or condemnation ***. No district with a population less than 600,000 shall have the power to purchase, condemn, lease or acquire an easement in property within a municipality without the concurrence of the governing body of the municipality, except where such district is acquiring land for a linear park or trail not to exceed 100 yards in width or is acquiring land contiguous to an existing park or forest preserve ***.” (Ill. Rev. Stat. 1989, ch. 96½, par. 6309.)

The parties do not dispute that the District has a population less than 600,000.

The District subsequently filed a motion to dismiss the declaratory judgment complaint, and the Village and Partnership (hereinafter collectively, Owners) filed a traverse and motion to dismiss the eminent domain action. In their motion the Owners alleged that the District did not have the authority to condemn the Cashmore property because (1) part of the property was owned by the Village, and the District could not condemn public property; and (2) the Village had not consented to the District’s condemnation, and the property sought did not fall within any of the statutory exceptions to the consent requirement. The District’s motion to dismiss was denied, and the hearing on the Owners’ traverse and motion to dismiss the eminent domain action was consolidated with the trial of the declaratory judgment action. At trial the District sought to show that the Cashmore property fell within the statutory exception for land contiguous to an existing park or forest preserve. The District argued that the property was contiguous to Lyons Prairie and that Lyons Prairie qualified as an existing park or forest preserve.

Following the trial the court entered an order which included numerous findings of fact and law. The court’s final conclusion, briefly summarized, was that, although the Cashmore property and Lyons Prairie were contiguous as a matter of law, Lyons Prairie was not a park or forest preserve as required by the statute. As a consequence, in the absence of municipal consent, the District did not have the statutory power to acquire the Cashmore property through condemnation. Accordingly, the court entered judgment in favor of the Owners in the declaratory judgment action and dismissed the complaint in the eminent domain action. This timely appeal and cross-appeal followed.

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Bluebook (online)
586 N.E.2d 813, 224 Ill. App. 3d 919, 166 Ill. Dec. 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-fox-river-valley-gardens-v-lake-county-forest-preserve-district-illappct-1992.