Wauconda Fire Protection District v. Stonewall Orchards, LLP

828 N.E.2d 216, 214 Ill. 2d 417, 293 Ill. Dec. 246, 2005 Ill. LEXIS 318
CourtIllinois Supreme Court
DecidedMarch 24, 2005
Docket97317
StatusPublished
Cited by67 cases

This text of 828 N.E.2d 216 (Wauconda Fire Protection District v. Stonewall Orchards, LLP) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wauconda Fire Protection District v. Stonewall Orchards, LLP, 828 N.E.2d 216, 214 Ill. 2d 417, 293 Ill. Dec. 246, 2005 Ill. LEXIS 318 (Ill. 2005).

Opinions

JUSTICE GARMAN

delivered the opinion of the court:

Plaintiff, the Wauconda Fire Protection District (District), sought declaratory and injunctive relief against defendants, Lake County, Illinois (County), and Stonewall Orchards, LLP (Stonewall), after the County approved new construction by Stonewall despite Stonewall’s noncompliance with a District ordinance. Defendants filed motions to dismiss, which the circuit court of Lake County granted. The District appealed, and the appellate court affirmed in part, reversed in part, and remanded the cause to the circuit court. 343 Ill. App. 3d 374. We granted leave to appeal. 177 Ill. 2d R. 315. The issues now before us are whether this court has jurisdiction to hear the matter before it and, if so, whether the District’s ordinance is enforceable against Stonewall. We hold that jurisdiction is proper, and that the District’s ordinance is enforceable. Accordingly, we affirm the judgment of the appellate court, which remanded the cause for further proceedings.

BACKGROUND

Stonewall, a private entity, operates a golf course located within the common boundaries of unincorporated Lake County and the District. In November 1999, Stonewall submitted plans to the County and the District for construction of a clubhouse on the golf course. The initial plans provided for a sprinkler system. A revised version of the plans did not. The County approved the revised plans and issued a building permit to Stonewall in October 2001.

During construction of the clubhouse, the District informed Stonewall that a District fire protection ordinance required the clubhouse to have a sprinkler system. The ordinance provides:

“An automatic fire sprinkler system, approved by the Wauconda Fire Protection District, shall be installed in all new construction of buildings of the following use groups as defined by the BOCA Building Code, 1993 Edition; Assembly, Business, Education, Factory and Industrial, High Hazard, Institutional, Mercantile, Residential Rl, R2, R3, and Storage.” Wauconda Fire Protection District Fire Sprinkler Ordinance, No. 98 — 0—5 (eff. November 27, 1998).

Unlike the District’s sprinkler ordinance, the County’s building code does not require the installation of a sprinkler system in the clubhouse. According to the County’s code, structures such as the clubhouse, which fall into the “Assembly” use group, are only required to contain an “automatic fire suppression system” where the “fire area exceeds 10,000 square feet.” BOCA National Building Code 1999, § 904.2, as amended by Lake County Ordinance Adopting the BOCA National Building Code 1999 (eff. August 8, 2000).1

In June 2002, around the time the clubhouse was nearing completion, the District filed a complaint in the Lake County circuit court seeking to enjoin the County from issuing Stonewall a temporary occupancy permit for the clubhouse, and to enjoin Stonewall from occupying the clubhouse, until Stonewall installed a sprinkler system. The District cited section 11 of the Fire Protection District Act (Act) (70 ILCS 705/11 (West 2002)) as the basis for its authority to adopt and enforce its fire protection ordinance.

The County and Stonewall filed motions to dismiss. They argued the District had no authority under section 11 to adopt or enforce its sprinkler ordinance. Section 11 states:

“The board of trustees of any fire protection district incorporated under this Act has the power and it is its legal duty and obligation to provide as nearly adequate protection from fire for all persons and property within the said district as possible and to prescribe necessary regulations for the prevention and control of fire therein. The board of trustees may provide and maintain life saving and rescue equipment services and facilities, including an emergency ambulance service. Except in cities having a population of 500,000 or more inhabitants and except in municipalities in which fire prevention codes have been adopted, the board of trustees has the express power to adopt and enforce fire prevention codes and standards parallel to national standards.” (Emphasis added.) 70 ILCS 705/11 (West 2002).

Specifically, the County and Stonewall argued the County is a municipality for purposes of section 11, and because the County has adopted a fire prevention code, the County’s code, not the District’s ordinance, applies to Stonewall. Alternatively, the County argued it could not be compelled to enforce the District’s ordinance by withholding permission to occupy the clubhouse from Stonewall, because section 11 does not provide fire protection districts with the authority to require other governmental entities to enforce district regulations.

While the proceedings were pending against the County and Stonewall, the County issued Stonewall a temporary occupancy permit. Thereafter, the District filed an amended complaint. The District sought to enjoin the County from issuing a final certificate of occupancy to Stonewall. In addition, it sought a declaratory judgment that the District has the authority to enact regulations within unincorporated Lake County, and that the District’s sprinkler ordinance is enforceable against Stonewall.

The circuit court granted defendants’ motions to dismiss, and the District filed notice of appeal. On appeal, the appellate court, with one justice dissenting, affirmed the judgment of the circuit court in part, reversed it in part, and remanded the cause for further proceedings. 343 Ill. App. 3d 374, 380. The appellate court reversed the judgment of the circuit court as to the injunctive relief sought against Stonewall and the declaratory relief sought against both defendants. It held that the District’s sprinkler ordinance is enforceable against Stonewall, because the County is not a municipality for purposes of section 11. 343 Ill. App. 3d at 379. The court reasoned that other sections of the Fire Protection District Act use the word “municipality” to refer to cities, villages, and incorporated towns, not counties, and that the definition of “municipalities” adopted by the Statute on Statutes (Statute) (5 ILCS 70/1.27 (West 2002)) is consistent with that understanding of the term. 343 Ill. App. 3d at 378-79. As to the injunctive relief sought against the County, the appellate court affirmed the judgment of the circuit court, holding that the District must enforce its ordinance against Stonewall without seeking enforcement by the County. 343 Ill. App. 3d at 380. The appellate court noted that while section 11 gives fire protection districts the authority to enact and enforce fire prevention regulations, the statute does not indicate that the legislature intended a fire protection district to have the power to require a county to withhold an occupancy permit. 343 Ill. App. 3d at 380.

The County filed an “affidavit of intent” to file a petition for leave to appeal to this court with the appellate court on October 22, 2003, 20 days after entry of the appellate court’s judgment. On November 6, 2003, within 35 days after entry of the judgment, the County filed its petition for leave to appeal with this court’s clerk.

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Bluebook (online)
828 N.E.2d 216, 214 Ill. 2d 417, 293 Ill. Dec. 246, 2005 Ill. LEXIS 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wauconda-fire-protection-district-v-stonewall-orchards-llp-ill-2005.