In re Petition to Disconnect Certain Territory Located in Kane County

Illinois Appellate Court
Civil Court
Municipalities
Citation
Case Number: 
No. 2-09-0418
Decision Date: 
Tuesday, March 30, 2010
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
ZENOFF
Court granted summary judgment in favor of Village upon Petitioners' (from subdivision) petition to disconnect from village. Under Munipical Code, within one year of organization of any municiplaity, disconnection is allowed of any territory that is "upon the border, but within the boundary of the municipality" and which meets other statutory criteria. Division between territory and forest preserve is not "the border" under Code, as that would mean a municipality may have more than one border. No isolation of a territory occurs only if a continuing and connected boundary line exists; and such line can exist only on the periperhery, not as an internal border.