Find Court Cases > Go Back to List > Alarm Detection Systems, Inc. v. Village of Hinsdale

Alarm Detection Systems, Inc. v. Village of Hinsdale

Case Date: 12/12/2001
Court: 2nd District Appellate
Docket No: 2-00-1393 Rel

 

December 12, 2001

No. 2--00--1393

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

ALARM DETECTION SYSTEMS, INC.,

             Plaintiff-Appellant,

v.

THE VILLAGE OF HINSDALE,

             Defendant-Appellee.

 )
)
)
)
)
)
)
)
)		 Appeal from the Circuit Court
of Du Page County.


No. 99--CH--1362

Honorable
Bonnie M. Wheaton,
Judge, Presiding.

JUSTICE GEIGER delivered the opinion of the court:

The plaintiff, Alarm Detention Systems, Inc. (ADS), appealsfrom the August 29, 2000, order of the circuit court of Du PageCounty entering summary judgment on behalf of the defendant, theVillage of Hinsdale (the Village), on ADS's complaint forinjunctive relief. In its complaint, ADS sought the entry of apermanent injunction preventing the Village from enforcing anordinance that required all owners of commercial buildings toconnect their fire alarm systems directly to the Village's fireboard for monitoring. In granting summary judgment, the trialcourt found that the Village had the authority to enact theordinance under the provisions of the Illinois Municipal Code (theCode) (65 ILCS 5/1--1--1 et seq. (West 1998)). We affirm.

The following facts are relevant to the disposition of thisappeal. ADS is state-licensed as a private alarm contractorpursuant to the Private Detective, Private Alarm, Private Security,and Locksmith Act of 1993 (225 ILCS 446/1 et seq. (West 1998)). ADS provides fire alarm services to commercial, institutional, andresidential customers in over 200 Illinois communities, includingHinsdale. ADS sells and installs fire alarm systems and monitorsfire alarm signals at its central monitoring station. ADS hasentered into long-term contracts with commercial customers inHinsdale to provide central station monitoring of their fire alarmsystems. ADS's fire alarm systems and its central monitoringstation satisfy all the requirements of nationally recognized firecodes.

The Village is a non-home-rule unit of local government thatoperates its own fire department and fire prevention bureau. TheVillage also operates a communications center, which includes afire board that receives alarm signals from certain fire alarmsystem users in Hinsdale. The Village has entered into anexclusive contract with Security Link/Ameritech to maintain andoperate the fire board. Security Link is a competitor of ADS.

Prior to 1999, the Village had adopted various nationalbuilding and fire prevention codes governing the requirements anduse of automatic fire alarm detection systems in certain types ofbuildings. These codes included the National Building Code of theBuilding Officials Code Administrators (BOCA). Hinsdale MunicipalCode