City of Springfield v. Judith Jones Dietsch Trust
Case Date: 04/13/2001
Court: 4th District Appellate
Docket No: 4-00-0524 Rel
April 13, 2001 NO. 4-00-0524 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT
JUSTICE COOK delivered the opinion of the court: We must determine whether the City of Springfield or the Village of Chathamhas jurisdiction to regulate the subdivision of property that is contiguous toSpringfield and within its statutory planning jurisdiction but subject to aconflicting annexation agreement between the property owner and Chatham. Likethe trial court, we find that Chatham has the power to regulate the use of theproperty at issue and affirm summary judgment in favor of the defendants. In 1988, Springfield adopted a comprehensive land development plan pursuantto the Illinois Municipal Code (Municipal Code) (65 ILCS 5/1-1-1 through11-152-4 (West 1998)), which extended Springfield's planning jurisdiction tounincorporated contiguous land within 1.5 miles of Springfield's corporatelimits. 65 ILCS 5/11-12-5 (West 1998) (any municipality may adopt developmentplan applicable to contiguous land within 1.5 miles of municipality's corporatelimits and not included in any other municipality). The Judith Jones DietschTrust (owner) owns a 36-acre tract of land near Chatham Road on County Highway40 in unincorporated Sangamon County, Illinois. The property is contiguous toSpringfield's corporate limits. The property is not contiguous to Chatham'scorporate limits, but Chatham provides municipal services to this area.Traveling by land over unincorporated property and around a portion of LakeSpringfield, the property is 1.8 miles from Chatham. However, the straight-linedistance to the property, traversing the lake, is between .25 and .6 miles fromChatham's corporate limits. In 1998, the property owner decided to develop the property and sell lots forsingle-family residences. The owner did not submit the subdivision plans toSpringfield for review. Instead, the owner entered into an annexation agreementwith Chatham pursuant to the Municipal Code. 65 ILCS 5/11-15.1-1 (West 1998)(municipality may enter into annexation agreement with owners of unincorporatedproperty, providing for control of the property and contemplating futureannexation when land becomes contiguous to the municipality). Chatham approved apreliminary plan for subdividing the property. The owners then proceeded withthe development and began marketing the lots. The subdivision plans containedminor deviations from Springfield's subdivision requirements, but internal Cityof Springfield documents indicate that the plans were "workable." In October 1999, Springfield filed a complaint seeking declaratory andinjunctive relief against the Judith Jones Dietsch Trust, Judith Jones,personally and as trustee of the Judith Jones Dietsch Trust, and the Village ofChatham (collectively referred to as defendants). The suit specifically sought(1) a declaration that Springfield had statutory jurisdiction to regulate thesubdivision of property within 1.5 miles of its corporate limits and (2) toenjoin the defendants from proceeding with the development of a subdivisioncontiguous to Springfield's corporate boundary under the defendants' annexationagreement. In April 2000, Chatham filed a motion for summary judgment, arguing that theMunicipal Code gave it subdivision and zoning jurisdiction over the property byvirtue of the annexation agreement. Springfield then filed a cross-motion forsummary judgment, arguing that Springfield had statutory jurisdiction to applyits land subdivision ordinance to property that is contiguous to Springfield'sboundary, within Springfield's planning jurisdiction, and more than 1.5 milesfrom Chatham. On June 1, 2000, the trial court issued an order granting Chatham's motionfor summary judgment and denying Springfield's cross-motion for summaryjudgment. The trial court held that Chatham's annexation agreement prevailedover Springfield's ability to regulate land use within 1.5 miles of itsboundary. We review the trial court's decision de novo. Resolution of the issue before us depends upon the interpretation of theMunicipal Code. Since municipalities are creatures of statute, they have nojurisdiction beyond their corporate boundaries unless that jurisdiction isconferred by the legislature. Petterson v. City of Naperville, 9 Ill. 2d233, 243, 137 N.E.2d 371, 377 (1956). Thus, extraterritorial jurisdiction of amunicipality is strictly controlled by statute. See City of Carbondale v. VanNatta, 61 Ill. 2d 483, 485-86, 338 N.E.2d 19, 21 (1975). An examination of the Municipal Code shows that the legislature has grantedextraterritorial jurisdiction in limited circumstances. Defendants note in theirbrief that such jurisdiction has been granted in only seven instances, includingthe two that are at issue here. Section 11-12-5 allows a municipality with a comprehensive development planto exercise jurisdiction over subdivisions up to 1.5 miles outside of itscorporate limits. That section provides:
Section 11-12-9 permits municipalities to enter into jurisdictionalagreements with each other regarding extraterritorial subdivision authority andprovides that, absent agreement, the respective jurisdictions meet halfwaybetween their boundaries. It also provides that there is no intention to limitthe power that any municipality has to annex additional territory.
At all times relevant to this case, Springfield's land subdivision ordinanceprovided for subdivision jurisdiction to land within 1.5 miles of the corporatelimits. The ordinance also provided that when the 1.5-mile jurisdiction ofSpringfield and that of another municipality overlapped, jurisdiction wouldextend to a line equidistant from the corporate boundaries. For purposes of thiscase, Springfield argues that the jurisdiction granted to it in section 11-12-5supersedes Chatham's annexation agreement. Defendants, on the other hand, argue that, once the annexation agreement wasexecuted, jurisdiction over the property vested in Chatham. Defendants alsoassert that the Municipal Code specifically contemplates annexation agreementsrelating to noncontiguous property. Defendants cite the annexation agreementprovisions in division 15.1 of the Municipal Code in support of their argument.Section 11-15.1-1 sets forth the parameters of an annexation agreement andprovides:
Section 11-15.1-2.1 grants jurisdiction over the territory to be annexed tothe annexing municipality, without regard to whether the property is contiguous,except in Cook County, its collar counties, and the St. Louis metro-east area,where the property must be contiguous for the annexing municipality to assertjurisdiction. That section states:
The Municipal Code sections concerning annexation agreements were firstenacted in 1963. Preannexation agreements serve to further importantgovernmental purposes, such as the encouragement of expanding urban areasuniformly, economically, efficiently, and fairly, with optimum provisions madefor the establishment of land use controls and necessary municipal improvements.Village of Orland Park v. First Federal Savings & Loan Ass'n, 135Ill. App. 3d 520, 526, 481 N.E.2d 946, 950 (1985). Prior to 1989, section11-15.1-1 lacked explicit provisions allowing annexation agreements withnoncontiguous property owners. Nevertheless, municipalities entered intoannexation agreements with noncontiguous property owners, and the developersconsented to be bound by the annexing municipality's ordinances. In Villageof Lisle v. Action Outdoor Advertising Co., 188 Ill. App. 3d 751, 756, 544N.E.2d 836, 839 (1989), the Second District held such annexation agreements tobe illegal. The court noted that allowing annexation agreements withnoncontiguous property owners was improper because:
Springfield makes the same argument here. However, we find Springfield'sargument lacks merit when viewed in light of the statutory language andlegislation after Village of Lisle. At the outset, we note that courts have no legislative powers and courts maynot enact or amend statutes. Henrich v. Libertyville High School, 186Ill. 2d 381, 394, 712 N.E.2d 298, 305 (1998). The responsibility for the justiceor wisdom of legislation rests upon the legislature. Henrich, 186 Ill. 2dat 394, 712 N.E.2d at 305. A court must interpret and apply statutes in a mannerin which they are written. A court must not rewrite statutes to make themconsistent with the court's idea of orderliness and public policy. Henrich,186 Ill. 2d at 395, 712 N.E.2d at 305. Public Act 86-1169 (Pub. Act 86-1169, |