The Village of Glendale Heights v. Glen Ayre Enterprises, Inc.

Illinois Appellate Court
Civil Court
Annexation
Citation
Case Number: 
No. 2-09-0791
Decision Date: 
Tuesday, August 31, 2010
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed.
Justice: 
O'MARA FROSSARD
Village sued Defendants for various zoning ordinance violations; Defendants filed affirmative defense that property was not subject to ordinances because it was never validly annexed into the Village. Court properly found that the one-year statute of limitations barred affirmative defense contesting the validity of the annexation. General "saving" provision of Section 13-207 of Code of Civil Procedure does not supplant the particularized one-year limitation in Section 7-1-46 of the Municipal Code. Legislative preference for finality in annexation proceedings is strong, and policy in favor of limiting annexation challenges is unusually strong among limitations statutes. (JORGENSEN and HUDSON, concurring.)