2012 IL App (2d) 110753
Ill. App. Ct.2012Background
- In March 2008, 1940 LLC and Schueler sought a map amendment under 55 ILCS 5/5-12014(b).
- The McHenry County Board voted 11–10 in favor, but Chairman Koehler ruled it needed a majority of the full elected board, not just those present.
- The County Board has 24 elected members, so the petition failed to reach a majority.
- Plaintiffs filed a six-count complaint; four counts were dismissed, leaving counts II (de novo review) and III (declaratory judgment).
- The trial court denied partial summary judgment on count III and later entered judgment for defendants after a trial on an agreed record; the issue on appeal concerns the correct interpretation of 5-12014(b).
- The court reviews de novo the statutory interpretation to determine whether “simple majority of the elected county board members” requires more than half of all elected members (13 of 24) rather than a majority of those present.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 5-12014(b) requires more than half of all elected board members for map amendments. | 1940 LLC argues “simple majority” means majority of those voting/present. | McHenry County Board argues “simple majority” means majority of all elected board members (13 of 24). | Yes; statute requires more than half of all elected members (13 of 24). |
Key Cases Cited
- Anthony v. County of Du Page, 304 Ill. App. 3d 1040 (1999) (simple majority of the elected board entails more than half of all members)
- Onwentsia Club v. Illinois Property Tax Appeal Board, 2011 IL App (2d) 100388 (2011) (statutory language must be read in plain meaning without extraneous interpretation)
- Terraces of Sunset Park, LLC v. Chamberlin, 399 Ill. App. 3d 1090 (2010) (statutory interpretation reviewed de novo; context matters)
- County of Du Page v. Illinois Labor Relations Board, 231 Ill. 2d 593 (2008) (general voting rules: majority of the members present unless otherwise provided)