Stivers v. Bean
2014 IL App (4th) 130255
Ill. App. Ct.2014Background
- Village of Forsyth enacted 10 ordinances (1992–2003) purporting to annex ten contiguous parcels that were then inside the Barclay Public Library District.
- By statute, territory annexed to a municipality that maintains a public library is disconnected from a public library district as of the January 1 following annexation (75 ILCS 16/15-85(a)).
- County clerk Bean declined the village’s 2009 request to administratively disconnect the parcels from the library district; in 2011 the village and landowners sued for mandamus to compel disconnection.
- Defendants (county clerk and library board) pleaded affirmative defenses alleging statutory annexation defects: failure to file required affidavits with the county recorder (65 ILCS 5/7-1-1) and failure to give “meaningful notice” (City of Belleville standard).
- Plaintiffs moved for summary judgment arguing section 7-1-46’s one-year limitation bars any challenge to annexations—even as an affirmative defense; the trial court granted summary judgment and ordered disconnection.
- The Fourth District reversed: it held section 7-1-46 bars tardy actions (claims) to contest annexations but does not bar affirmative defenses asserting annexation invalidity; genuine factual issues about compliance with annexation notice/affidavit rules precluded summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the one-year limit in 65 ILCS 5/7-1-46 bars a defendant from raising an affirmative defense that an annexation was invalid | Section 7-1-46 bars contesting an annexation after one year, so defendants cannot indirectly challenge annexations in defense | Section 7-1-46 applies to commencing actions, not to defenses; statutes of limitations govern claims/remedies, not defenses | Court held 7-1-46 bars stale actions but does not apply to affirmative defenses; summary judgment improper because defenses raise genuine issues |
| Whether the annexations complied with statutory procedures (affidavit filing and meaningful notice) | Annexations were effective and therefore parcels must be disconnected from the library district under 75 ILCS 16/15-85(a) | Several ordinances lacked recorder-filed affidavits and other notices omitted meeting dates/details required for meaningful notice under City of Belleville | Court found material factual disputes over compliance (six ordinances lacked affidavits; four had deficient notices), precluding a clear right to mandamus relief |
Key Cases Cited
- City of Belleville v. County of St. Clair, 84 Ill. 2d 1 (Ill. 1981) (notice must give trustee enough information and meeting date so trustee can meaningfully contest annexation)
- Langendorf v. City of Urbana, 197 Ill. 2d 100 (Ill. 2001) (discusses legislative purpose shielding zoning/annexation provisions after one-year limitation)
- Village of Glendale Heights v. Glen Ayre Enterprises, Inc., 404 Ill. App. 3d 205 (Ill. App. 2010) (held section 7-1-46 bars affirmative defenses that indirectly contest annexations)
- Vroegh v. J & M Forklift, 165 Ill. 2d 523 (Ill. 1995) (definition and nature of an affirmative defense)
- United States v. Western Pacific R.R. Co., 352 U.S. 59 (U.S. 1956) (principle that statutes of limitation apply to claims/remedies, not defenses)