Habdab v. The County of Lake

This case presents question as to whether trial court properly granted defendant-County’s motion for summary judgment in plaintiff’s action seeking declaratory judgment that it was not obligated to pay fees assessed under Road improvement Impact Law (Impact Fee Law) as condition of plaintiff’s annexation of its property to defendant Village and as part of County’s agreement with Village to assess said fees as part of annexation agreement. While plaintiff alleged that County could not assess said fees since it had not strictly complied with Impact Fee Law where assessments were made on per acre basis, Appellate Court found that County was not required to comply with Impact Fee Law when making instant assessments, since instant fees did not constitute “road improvement fees." In his petition for leave to appeal, plaintiff argues that Appellate Court improperly defined too narrowly statutory definition of “Road Improvement Impact Fees” contained in Impact Fee Law.