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People v. Village of Hawthorn Woods

Supreme Court of Illinois
May 18, 1960
167 N.E.2d 176 (Ill. 1960)

Summary

In People ex rel. Gray v. Village of Hawthorn Woods (1960), 19 Ill.2d 316, 167 N.E.2d 176, two parcels of property joined by a common boundary of 128.7 feet were found to be contiguous.

Summary of this case from Frank v. Village of Barrington Hills

Opinion

No. 35279. Judgment affirmed.

Opinion filed May 18, 1960.

APPEAL from the Circuit Court of Lake County; the Hon. BERNARD M. DECKER, Judge, presiding.

McCLORY, BAIRSTOW ANDERSON, of Waukegan, (ROBERT McCLORY, and DAVID K. ANDERSON, of counsel,) for appellants.

JOSEPH N. SIKES, of Grays Lake, and THOMAS A. MATTHEWS, of Chicago, (BYRON S. MATTHEWS, of counsel,) for appellees.


This is a quo warranto proceeding brought on the relation of certain residents within the boundaries of the village of Hawthorn Woods challenging the legality of the incorporation of the village. The circuit court of Lake County held that the village is a duly created and existing municipal corporation. Appeal is directed to this court since a franchise is involved.

There is no dispute as to the facts. A petition was filed under section 3-5 of the Revised Cities and Villages Act, (Ill. Rev. Stat. 1957, chap. 24, par. 3-5,) to incorporate certain territory lying in Ela Township in Lake County as the village of Hawthorn Woods. An election was held in March, 1958, and the proposition carried. The only question is whether the territory embraced within the boundaries of the proposed village is susceptible to incorporation under the provisions of the statute.

The pertinent portion of section 3-5 provides that "Whenever any area of contiguous territory, not exceeding two square miles, * * * has residing thereon at least 100 inhabitants living in immobile dwellings, it may be incorporated as a village * * *."

Plaintiffs contend that two square miles as used in section 3-5 should be construed to mean that the proposed village fit within a rectangle two miles long and one mile wide or within a square each side of which is approximately 1.42 miles in length. They argue that since the territory here involved extends 2 1/4 miles in an east-west direction and 1 1/2 miles in a north-south direction that it covers over 2 square miles. We cannot agree. A square mile like an acre is a unit of area. As used in section 3-5 it carries no implication as to the form or shape of the area. The record shows that the territory in question is less than 55,756,800 square feet or 2 square miles.

Plaintiffs also contend that the territory is not contiguous within the meaning of section 3-5. The territory is composed roughly of three areas, the two largest of which have a connecting common boundary for a distance of only 128.7 feet. Each of these cases presents its own problems and the court can only adopt a common-sense interpretation as to whether the tracts are contiguous as contemplated by the legislature. We believe that the contiguity in this case is such that it satisfied the literal mandate of the legislature as set forth in section 3-5. Many absurdities can be suggested both with respect to shape and contiguity, but the court must deal with them when they arise.

The contentions which plaintiffs have here advanced for the reversal of the trial court were carefully considered in the case of Western National Bank of Cicero v. Village of Kildeer, post 342. In Western, we concluded that the territory included within the village of Kildeer was an "area of contiguous territory, not exceeding two square miles" within the meaning of section 3-5, and we affirmed the judgment of the trial court. The rationale of Western controls this case and the judgment of the circuit court of Lake County is affirmed.

Judgment affirmed.


Summaries of

People v. Village of Hawthorn Woods

Supreme Court of Illinois
May 18, 1960
167 N.E.2d 176 (Ill. 1960)

In People ex rel. Gray v. Village of Hawthorn Woods (1960), 19 Ill.2d 316, 167 N.E.2d 176, two parcels of property joined by a common boundary of 128.7 feet were found to be contiguous.

Summary of this case from Frank v. Village of Barrington Hills

In People v. Village of Hawthorne Woods, 19 Ill.2d 316, 318, 167 N.E.2d 176 (1960), the Supreme Court found contiguity to exist under the provisions of Ill Rev Stats 1957, c 24, § 3-5, when the territory sought to be incorporated was composed "roughly of three areas, the two largest of which have a connecting common boundary for a distance of only 128.7 feet."

Summary of this case from In re Annex. Terr. to Village of Buffalo Grove

In People v. Village of Hawthorn Woods, 19 Ill.2d 316, 167 N.E.2d 176 (1960), where two areas of land were connected by a common boundary for a distance of 128.7 feet, the court, in construing the word "contiguity" as used in the statute relating to incorporation, stated at page 360: "We believe that the contiguity in this case is such that it satisfied the literal mandate of the legislature.

Summary of this case from La Salle National Bank v. Village of Burr Ridge
Case details for

People v. Village of Hawthorn Woods

Case Details

Full title:THE PEOPLE ex rel. Henry F. Gray et al., Appellants, vs. THE VILLAGE OF…

Court:Supreme Court of Illinois

Date published: May 18, 1960

Citations

167 N.E.2d 176 (Ill. 1960)
167 N.E.2d 176

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