Plaintiff filed quo warranto action against village, alleging that village entered into sham voluntary annexation agreement with an adjacent property owner (Com Ed) to create contiguous boundaries to reach his property. ComEd annexation was a sham transaction, created exclusively for purpose of allowing Village to reach Plaintiff’s property. Thus, this annexation is a nullity and cannot be used to create continuous boundaries with Plaintiff’s property. The annexation of the ComEd property was premature and ineffective, and thus a nullity, because conditions precedent to ComEd annexation agreement had not occurred or been fulfilled. Thus, Plaintiff’s property was not “wholly bounded” by one or more municipalities, as required by Section 7-1-13 of Municipal Code, at time of passage of ordinance attempting to involuntarily annex Plaintiff’s property. (O’BRIEN, concurring; HOLDRIDGE, dissenting.)
Illinois Appellate Court
Civil Court
Annexation