Stivers v. Bean

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (4th) 130255
Decision Date: 
January 13, 2014
District: 
4th Dist.
Division/County: 
Macon Co.
Justice: 
APPLETON
Holding: 
Reversed and remanded.
Village and owners of 10 parcels of land file mandamus action to compel county clerk to disconnect parcels from public library district because village, which had a public library of its own, had passed ordinances annexing parcels. In Municipal Code, the legislature intended to bar commencement of action contesting annexation of territory to municipality unless action is commenced within one year after annexation became final. As no annexation of land is effective unless service is had and affidavit filed as required in Section 7-1-1 of Municipal Code, annexations of 10 parcels were ineffective, and parcels were not disconnected from district. As Plaintiffs have burden of establishing clear duty on part of county clerk to disconnect 10 parcels, Plaintiffs' right to judgment is not clear and free from doubt. (KNECHT, concurring;TURNER, dissenting.)