Chicago Title Land Trust Co. v. Village of Bolingbrook

This case presents question as to whether trial court erred in granting plaintiff’s motion for issuance of preliminary injunction to enjoin proceedings in action by Intervenor-Village to involuntarily annex plaintiff’s property under circumstances where plaintiff’s prior application to County for special use permit to allow plaintiff to build outdoor storage unit was still pending. Appellate Court, in reversing trial court, found that trial erred in granting plaintiff’s request for preliminary injunction because said request was not supported by any complaint, and no complaint remained pending against Intervenor. Appellate Court also observed that trial court’s eventual order that required County to issue special use permit expired need for injunctive relief. In its petition for leave to appeal, plaintiff argued that it was not required to file separate complaint against Intervenor, where Intervenor was named as one defendant in plaintiff’s zoning complaint against County for failure to issue special use permit. (Dissent filed.)