Village of Long Grove v. Village of Buffalo Grove

509 N.E.2d 1041, 156 Ill. App. 3d 1056, 109 Ill. Dec. 202, 1987 Ill. App. LEXIS 2669
CourtAppellate Court of Illinois
DecidedMay 18, 1987
Docket2-86-0320
StatusPublished
Cited by7 cases

This text of 509 N.E.2d 1041 (Village of Long Grove v. Village of Buffalo Grove) 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 Long Grove v. Village of Buffalo Grove, 509 N.E.2d 1041, 156 Ill. App. 3d 1056, 109 Ill. Dec. 202, 1987 Ill. App. LEXIS 2669 (Ill. Ct. App. 1987).

Opinion

JUSTICE HOPF

delivered the opinion of the court:

Petitioner, the village of Long Grove, appeals from the dismissal of proceedings on its ordinance seeking annexation of certain territory. Long Grove raises five issues on appeal: (1) whether the village of Buffalo Grove had standing to object to Long Grove's annexation ordinance; (2) whether Long Grove’s ordinance lost its priority due to unreasonable delay of the annexation proceedings; (3) whether the territory sought to be annexed meets the statutory requirement of contiguity; (4) whether all objections to the annexation ordinance should have been stricken on grounds that they failed to show the objectors are interested persons as required by statute; and (5) whether Long Grove should have been granted leave to amend the legal description contained in its ordinance.

In August 1979 certain property owners (Citrust) filed a petition with the village of Buffalo Grove requesting annexation of their land even though one of the owners had not signed the petition. On February 12, 1980, the neighboring village of Long Grove adopted an ordinance expressing its desire to annex certain property, some of which was already included in the Buffalo Grove petition. Long Grove did not notify either Buffalo Grove or the affected landowners of its annexation ordinance. On February 13, 1980, the village of Lincolnshire filed with the Lake County circuit clerk an ordinance seeking annexation of the same land sought by Long Grove. Long Grove filed its ordinance on February 14,1980.

A copy of the Citrust petition and a letter advising that no action had been taken in regard to the petition by the Buffalo Grove village board was sent to Long Grove on February 19, 1980. Another letter from Buffalo Grove, dated October 8, 1980, informed Long Grove and other neighboring governmental entities that the continued public hearing on the Citrust property had been cancelled and that the matter would be republished for hearing later in the year. Buffalo Grove had no further communication with neighboring villages regarding the status of the Citrust petition. The petition was neither withdrawn by the petitioners nor disposed of by the village board.

The Long Grove ordinance which had been filed in 1980 periodically came before the trial court through progress calls. The matter was continued on Long Grove’s motion 26 times over the course of the next six years. None of the continuance orders reflect any other activity by Long Grove in regard to the ordinance. Lincolnshire’s annexation ordinance was dismissed in 1983.

In early 1986 Buffalo Grove held hearings on the development and annexation of territory which encompassed a portion of the land included in the 1980 Long Grove annexation ordinance. Representatives of Long Grove appeared at these hearings and objected to the plans being considered by Buffalo Grove. Subsequently, Long Grove set its own annexation ordinance for hearing on March 18, 1986. On March 3, 1986, Buffalo Grove adopted the annexation ordinance which it had considered at the prior public hearings.

Numerous objections to Long Grove’s ordinance, including objections of Buffalo Grove, were filed prior to the March 18 hearing. Long Grove’s motion to strike Buffalo Grove as an objector was denied, as was its motion to strike all objections on grounds that they did not show that any of the objectors were interested persons within the meaning of the statute.

At the conclusion of the hearing on the ordinance the court sustained two categories of objections: those based on Long Grove’s delay in acting on its ordinance and those based on lack of contiguity of the proposed annexation. Accordingly, proceedings on Long Grove’s annexation ordinance were dismissed. This appeal followed.

Long Grove initially attacks Buffalo Grove’s standing to object to the Long Grove ordinance. It appears that Long Grove may have wished to strike Buffalo Grove as an objector in hopes of precluding trial consideration of the issues arising from the fact that Buffalo Grove had adopted a competing annexation ordinance. However, we need not decide the issue of Buffalo Grove’s standing in order to reach the merits of this case.

Buffalo Grove filed objections jointly with three other objectors. While one of those objectors was stricken, the record shows that the other two are owners of land included in both the Long Grove and Buffalo Grove ordinances. The statute controlling annexation proceedings allows objections by any interested person. (Ill. Rev. Stat. 1985, ch. 24, par. 7—1—3.) We believe owners of property sought to be annexed qualify as interested persons. (See City of East St. Louis v. Touchette (1958), 14 Ill. 2d 243, 248-49, 150 N.E.2d 178.) Thus, Buffalo Grove’s co-objectors have standing to object to the Long Grove proceedings. Moreover, we see no reason why the Buffalo Grove ordinance could not be raised in the Long Grove proceedings by property owners who are unquestionably affected by both villages’ ordinances. Since the existence and ramifications of Buffalo Grove’s ordinance were properly made known to the court by the landowners, the standing of Buffalo Grove to raise the issue is irrelevant here.

Long Grove next contends that the trial court erred in finding that the village abandoned its annexation ordinance. As related above, the Long Grove ordinance was filed on February 14, 1980, but not set for hearing until March 1986. The trial court found this to be an unnecessary and unreasonable delay which resulted in an abandonment of annexation proceedings by Long Grove. The law controlling this question persuades us that the trial court did not err.

We recognize at the outset that, as a general rule, competing annexation proceedings may not be considered concurrently. In City of East St. Louis v. Touchette (1958), 14 Ill. 2d 243, 150 N.E.2d 178, it was held that no proceeding for annexation of a territory to a municipality could be legally initiated after a petition had been filed for the organization of the same territory into a city unless the organization was defeated. On its facts, Touchette applied only where an incorporation was pending at the time an annexation petition was filed. In City of Countryside v. Village of La Grange (1962), 24 Ill. 2d 163, 180 N.E.2d 488, the principles of Touchette were extended to situations like the one now before us, where an annexation petition is pending at the time another annexation proceeding involving the same territory is initiated. Accordingly, multiple overlapping annexation petitions are normally considered and disposed of in the order in which they are filed.

While successive annexation proceedings have priority according to when they are initiated, that priority can be lost by unnecessary and unreasonable delay on the part of a petitioner. In People ex rel. Village of Worth v. Ihde (1961), 23 Ill. 2d 63, 177 N.E.2d 313, property owners petitioned the village to annex certain land.

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Bluebook (online)
509 N.E.2d 1041, 156 Ill. App. 3d 1056, 109 Ill. Dec. 202, 1987 Ill. App. LEXIS 2669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-long-grove-v-village-of-buffalo-grove-illappct-1987.