Flex-O-Glass, Inc. v. City of Dixon

Case Date: 10/01/1999
Court: 2nd District Appellate
Docket No: 2-98-1545

Flex-O-Glass, Inc., v. City of Dixon, No. 2-98-1545

2nd District, 1 October 1999



FLEX-O-GLASS, INC., and AMCORE INVESTMENT GROUP, N.A., as Trustee under the provisions of a Trust Agreement dated December 20, 1971, and known as Trust No. 766,

Plaintiffs-Appellants,

v.

THE CITY OF DIXON,

Defendant-Appellee.

Appeal of the Circuit Court of Lee County

No. 98--CH--14

Honorable David T. Fritts, Judge, Presiding.

JUSTICE GEIGER delivered the opinion of the court:

The plaintiffs, Flex-O-Glass, Inc., and Amcore Investment Group, N.A. (Amcore), appeal from the September 4, 1998, order of the circuit court of Lee County dismissing their complaint for declaratory judgment. In their complaint, the plaintiffs sought a declaration that the defendant, City of Dixon (City), was obligated to continue to provide sewer service to Flex-O-Glass's manufacturing plant, which was located outside of the City's boundaries. The plaintiffs also sought an injunction preventing the City from terminating sewer service. The trial court dismissed the action, finding that the City had no duty to provide utility services to a nonresident. We affirm.

The plaintiffs' complaint alleges the following facts. Since 1971, Flex-O-Glass has operated a large manufacturing plant on a piece of property outside the City's corporate limits. Amcore is the owner of the real property as the designated trustee under the provisions of a trust agreement executed on December 20, 1971. Although the complaint fails to indicate the precise size of the property, the complaint does indicate that the property is larger than 10 acres.

From 1971 until the present, the City has supplied water and sewer service to Flex-O-Glass's manufacturing plant. Flex-O-Glass has paid the City for these services according to the City's rate schedule for nonresident customers. Since 1971, Flex-O-Glass has paid the City an amount in excess of $20,000 for water and sewer service. During this same period, Flex-O-Glass has expended over $1,000,000 in the establishment and improvement of the manufacturing facilities at the plant.

Since Flex-O-Glass commenced operations at the plant, the City has sought to annex the property. However, under section 7--1--2(a) of the Illinois Municipal Code (65 ILCS 5/7--1--2(a) (West 1998)), involuntary annexation proceedings on tracts in excess of 10 acres can be commenced only if the tract has been subdivided into lots or blocks or if the tract is bounded on at least three sides by lands subdivided into lots or blocks. Because the instant property has not been subdivided and is not bound on at least three sides by subdivided lands, the City cannot pursue annexation without the plaintiffs' consent. See 65 ILCS 5/7--1--2(a) (West 1998). Despite the City's repeated requests, the plaintiffs have refused to give their consent to annexation.

On July 6, 1981, the City enacted Ordinance No. 1094 relating to the provision of sewer service to nonresidents. This ordinance was codified as section 3--15--2 of the City's municipal code (Dixon Municipal Code