In re Petition to Annex Certain Territory to the Village of Lemont, Illinois
97 N.E.3d 43
| Ill. App. Ct. | 2017Background
- Several golf courses (Gleneagles, Mid-Iron, Cog Hill) and Ludwig Farms filed voluntary annexation petitions to Palos Park in 2014–2015 under 65 ILCS 5/7-1-8; those properties comprised most of the disputed unincorporated territory between Palos Park and Lemont.
- In December 2015 Palos Park annexed a Cook County forest preserve, which Palos Park and Objectors say created contiguity enabling annexation of the golf courses to Palos Park.
- On December 11, 2015, a group of residential landowners (joined by the Village of Lemont) filed an involuntary annexation petition under 65 ILCS 5/7-1-2 seeking to have a portion of Gleneagles annexed to Lemont, potentially disrupting the planned voluntary annexations to Palos Park.
- A section 7-1-2 hearing occurred January 7, 2016; the court continued the matter after hearing argument and discussion of the pending Palos Park annexation ordinances then imminent.
- Palos Park adopted annexation ordinances in January–February 2016 for Mid-Iron, Gleneagles, Cog Hill, and Ludwig Farms; Objectors moved for summary judgment asserting their earlier-filed voluntary petitions had priority and were not abandoned.
- The trial court granted summary judgment to the Objectors; Petitioners appealed arguing (1) denial of substitution of judge was error, (2) Objectors abandoned their petitions so had no priority, and (3) the court abused its discretion limiting discovery to January 1, 2015 forward.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of substitution of judge under 735 ILCS 5/2-1001(a)(2) | Motion was timely and should have been granted as of right | Motion was untimely: hearing had occurred, the judge made substantive rulings and parties had "tested the waters" | Denial affirmed: substitution was untimely after a substantive hearing and opportunity to test the waters |
| Priority of voluntary (7-1-8) petitions vs. later involuntary (7-1-2) petition | Petitioners: voluntary petitions were abandoned; also challenge clerk filing formalities | Objectors: sustained, ongoing actions in 2015 (meetings, negotiations, filings, forest-preserve annexation) show no abandonment; petitions were filed with clerk | Summary judgment for Objectors affirmed: earlier-filed voluntary petitions had priority and were not abandoned |
| Sufficiency of filing proof for voluntary petitions | Petitioners: no evidence village clerk received/filed petitions so priority not perfected | Objectors: testimony and petition acknowledgments show delivery to and filing with village clerk; ministerial stamp not required | Court accepted Objectors’ proof that petitions were filed; Plaintiff’s claim rejected |
| Limitation of discovery to Jan 1, 2015–forward | Petitioners: broader pre-2015 discovery relevant to prior petitions and abandonment theory | Objectors: pre-2015 petitions were irrelevant to 2015-priority inquiry and would be unduly burdensome | Limitation affirmed: court did not abuse discretion in narrowing discovery to relevant period |
Key Cases Cited
- In re Annexation of Certain Territory to the Village of Deer Park, 358 Ill. App. 3d 92 (Ill. App. 2005) (priority is determined by initiation date; abandonment defeats priority)
- Ioerger v. Halverson Constr. Co., 232 Ill. 2d 196 (Ill. 2009) (standard and de novo review for summary judgment)
- Adams v. Northern Illinois Gas Co., 211 Ill. 2d 32 (Ill. 2004) (triable issue exists where reasonable people could draw different inferences)
- People ex rel. Village of Worth v. Ihde, 23 Ill. 2d 63 (Ill. 1961) (discusses abandonment of annexation where municipal authorities take no action)
- People ex rel. Village of Long Grove, 199 Ill. App. 3d 395 (Ill. App. 1990) (non-corporate-authority actions like planning commission meetings and hiring consultants can constitute sufficient action to avoid abandonment)
- Joliet v. In re Petition for Submittal of the Question of Annexation, 282 Ill. App. 3d 684 (Ill. App. 1996) (sustained negotiations and actions by village staff and attorneys support petition continuity)