Village of Woodridge v. County of Du Page

494 N.E.2d 1262, 144 Ill. App. 3d 953, 98 Ill. Dec. 935, 1986 Ill. App. LEXIS 2422
CourtAppellate Court of Illinois
DecidedJune 26, 1986
Docket2-85-0567
StatusPublished
Cited by4 cases

This text of 494 N.E.2d 1262 (Village of Woodridge v. County of Du Page) 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 Woodridge v. County of Du Page, 494 N.E.2d 1262, 144 Ill. App. 3d 953, 98 Ill. Dec. 935, 1986 Ill. App. LEXIS 2422 (Ill. Ct. App. 1986).

Opinion

JUSTICE SCHNAKE

delivered the opinion of the court:

Plaintiff, village of Woodridge (Woodridge), brought an action for declaratory and injunctive relief against the defendants, county of Du Page (county) and Du Page Bank and Trust Company (Du Page Trust), challenging the validity of a zoning ordinance passed by the county board. Plaintiff appeals from the judgment of the circuit court which denied its motion for summary judgment and granted defendant county’s cross-motion for summary judgment. On appeal, plaintiff contends that the ordinance is void because the chairman of the county board illegally cast his vote for the ordinance absent a “tie,” in violation of section 7 of “An Act relating to the compensation and election of county boards in certain counties” (Act) (Ill. Rev. Stat. 1983, ch. 34, par. 837). 1 For the reasons set forth below, we reverse.

The following facts form the basis of this appeal. Du Page Trust, a defendant in this action, but not involved in this appeal, filed an application with the county requesting rezoning and other zoning relief with respect to land to which it holds title as trustee. This land adjoins Woodridge. The Du Page County zoning board of appeals held a public hearing on the application on April 1, 1985. On April 18, 1985, Wood-ridge adopted a resolution which protested the proposed rezoning pursuant to the provisions of section 5 of “An Act in relation to county zoning” (Zoning Act) (Ill. Rev. Stat. 1983, ch. 34, par. 3158). 2 Under the Zoning Act, once such a resolution is filed in protest to an application, a three-fourths favorable vote of all county board members, rather than a simple majority, is needed to pass the subject zoning ordinance.

On April 24, 1985, the county board, which includes 25 members and one chairman, voted on the question of Du Page Trust’s application. The ordinance received 19 “ayes” and four “nayes”; there was one abstention, and two members were absent. Counted as one of the favorable votes on the ordinance was the “aye” vote of the chairman. On the basis of this vote, the county board passed the ordinance and granted the requested relief. On May 15, 1985, plaintiff filed its complaint for declaratory judgment and injunctive relief challenging the validity of the ordinance.

The sole issue on appeal is whether the chairman’s vote violated section 7 of the Act. Plaintiff contends that as a “tie” did not exist, the chairman’s vote was illegally cast. The defendant responds that immediately prior to the chairman’s vote, 18 of the 25 members had already voted in favor of the ordinance. Pursuant to the plaintiff’s resolution, the ordinance needed an extraordinary majority, or 19 votes, to pass. It is the defendant’s position that while there was no “tie” in the conventional sense, the trial judge correctly interpreted the statute as enabling the chairman to cast the “decisive” vote under circumstances where an extraordinary, rather than a simple majority, is required, in order to allow the business of governing to continue.

On appeal, it is our task to determine whether the trial court’s grant of summary judgment was proper. Summary judgment is properly granted when the pleadings, depositions, and admissions, on file, together with any affidavits, establish that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. DeFoor v. Northbrook Excess & Surplus Insurance Co. (1984), 128 Ill. App. 3d 929, 932.

Since the facts of the instant case are undisputed, we are not concerned with the first level of inquiry in determining the propriety of the trial court’s grant of summary judgment. There is clearly no genuine issue as to any material fact. The only issue before us is one of statutory construction, namely whether pursuant to section 7 of the Act, a “tie” existed, necessitating the chairman’s vote. In order to find that the trial court correctly granted the defendant’s cross-motion for summary judgment, we must determine that a tie did, in fact, exist.

The first canon of statutory interpretation is to ascertain and give effect to the legislative intent as expressed in the statute. (City of East Peoria v. Group Five Development Co. (1981), 87 Ill. 2d 42, 46.) Provisions of the statute should be read in light of the statute as a whole. (Winks v. Board of Education (1979), 78 Ill. 2d 128, 135.) The legislative intent usually appears from a consideration of the statute’s language which affords the best means of its exposition. (Illinois Power Co. v. Mahin (1978), 72 Ill. 2d 189, 194.) The words used in a statute are assumed to have been intended to retain their ordinary and properly understood meanings. (Kozak v. Retirement Board (1983), 95 Ill. 2d 211, 215.) If the legislative intent can be ascertained from the language of the statute, the language prevails and will be given effect; a court may not declare that the legislature did not mean what the plain language of the statute imports. Western National Bank v. Village of Kildeer (1960), 19 Ill. 2d 342, 350.

A court, however, is not bound by the literal language found in a statute where the language would defeat the legislature’s obvious and clearly expressed objective or purpose. (People v. McCoy (1976), 63 Ill. 2d 40, 45.) Words may, thus, be modified, altered, or supplied, to obviate repugnancies or inconsistencies from the legislative intent. (People v. Bratcher (1976), 63 Ill. 2d 534, 543.) As this court stated in People v. Gibson (1981), 99 Ill. App. 3d 616, rev’d on other grounds (1982), 91 Ill. 2d 562, “courts are generally cautious about adding words to a statute, [but] *** will read into the meaning of a statutory provision a qualifying or expanding expression [which is] plainly implied by the general context of the enactment, which has been palpably omitted and which is essential to prevent the legislative purpose from failing in one of its important aspects.” (99 Ill. App. 3d 616, 620.) Where two constructions of a law are available, the one which would produce absurd results and render the operation of the law difficult should be avoided. Balmes v. HIAB-FOCO, A.B. (1982), 105 Ill. App. 3d 572, 575.

Both parties have acknowledged that this is a case of first impression. In construing a statutory provision not yet judicially interpreted, a court is guided by both the plain meaning of the language of the statute, as well as the legislative intent. (Interlake, Inc. v. Industrial Com. (1983), 95 Ill. 2d 181; Griffin v. City of North Chicago (1983), 112 Ill. App. 3d 901.) Thus, the trial judge found that although the language of the statute appeared to limit the chairman’s ability to vote to tie-breaking situations only, it was the intent of the legislature to authorize the chairman to also cast the “decisive” vote. We disagree.

It is well settled that words used in statutes' are intended to retain their popularly understood meaning. (Kozak v. Retirement Board (1983), 95 Ill. 2d 211, 215.) The word “tie” means “to make or have an equal score within a contest.” (Webster’s Third New International Dictionary, at 2391 (1971).) Clearly a vote of 18-4 is not an “equal” score in the popular sense.

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Bluebook (online)
494 N.E.2d 1262, 144 Ill. App. 3d 953, 98 Ill. Dec. 935, 1986 Ill. App. LEXIS 2422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-woodridge-v-county-of-du-page-illappct-1986.