People ex rel. Adams Electrical Cooperative v. Village of Camp Point
State: Illinois
Court: 4th District Appellate
Docket No: 4-96-0548
Case Date: 01/17/1997
NO. 4-96-0548
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS ) Appeal from
ex rel. ADAMS ELECTRICAL COOPERATIVE, ) Circuit Court of
Plaintiff-Appellant, ) Adams County
and ) No. 93MR17
NANCY LAW ANDERSON, )
Plaintiff, )
v. )
THE VILLAGE OF CAMP POINT, a Municipal )
Corporation, GEORGE E. SCHRAGE III, )
County Clerk of Adams County, Illinois, )
and HOWARD WEAR, JR., County Treasurer ) Honorable
and Collector of Adams County, Illinois,) Dennis K. Cashman,
Defendants-Appellees. ) Judge Presiding.
_________________________________________________________________
JUSTICE McCULLOUGH delivered the opinion of the court:
Plaintiff Adams Electrical Cooperative (Co-op) appeals
from a summary judgment entered in the circuit court of Adams
County in favor of defendants Village of Camp Point (Village);
George E. Schrage III, County Clerk of Adams County; and Howard
Wear, Jr., County Treasurer and Collector of Adams County. Co-op
sought a declaratory judgment that the real estate which was the
subject of this litigation was not now and had never been located
within the territorial limits of the Village and (2) in a quo
warranto action, asserted that the village was exercising power and
authority by assessing ad valorem real estate property taxes over
the subject property without a legally sufficient annexation ordi-
nance.
The issues are whether (1) any genuine issue of material
fact remains in this case concerning the real estate property
taxing authority such that summary judgment was improperly granted
in favor of the Village; and (2) even if no genuine issue of
material fact remained, should summary judgment have been granted
in favor of taxpayer Co-op instead of the Village. We affirm.
On April 14, 1993, Co-op and Nancy Law Anderson filed (1)
an application for leave of court to file proceeding in quo
warranto instanter, and (2) a complaint for declaratory judgment
and other relief. On April 23, 1993, the trial court granted the
application for leave to file a complaint in quo warranto instan-
ter. Pursuant to the stipulation and agreement of the parties, the
petition was voluntarily dismissed as to Anderson on July 25, 1994.
The complaint alleged that on March 11, 1992, the Co-op
was notified by the Village that the following described property,
owned by Co-op, (1) was within the Village's territorial limits,
(2) had not been assessed for real estate taxes under the Village's
levy, and (3) records were being corrected to reflect the inclusion
of the property within the Village's territorial boundaries:
"All that part of the Southeast Quarter
of Section Twenty-six (26), bounded and de-
scribed as follows, to wit: Beginning at a
stone at the Southeast corner of said Quarter
Section, running thence North to a stone at
the Northeast corner of said Quarter Section,
thence West twenty-two hundred seventy-four
and five tenths (2274.5) feet, more or less,
thence South two hundred ninety-five (295)
feet, more or less, to the right-of-way of the
Wabash Railway Company, thence Southeasterly
along said right-of-way two hundred twenty-
nine and six tenths (229.6) feet, more or
less, thence South to the South line of said
Section, and thence East Twenty hundred
eighty-one (2081) feet, more or less, to the
place of beginning, except that part now
occupied as a State Highway Route 31 and
Federal 24, all in Township One (1) North of
the Base Line, and in Range Six (6) West of
the Fourth Principal Meridian, situated in the
County of Adams, in the State of Illinois."
The Co-op challenged the Village's authority to so act.
After the Village filed an answer to the complaint in
this case, the Co-op filed a motion for summary judgment. In its
response to the motion for summary judgment, the Village requested
the entry of summary judgment in its favor. The supporting
documents for these pleadings will be discussed as necessary later
in this disposition.
The trial court entered summary judgment in favor of the
Village. In its order, the trial court found there was no genuine
issue of material fact, and any factual issues that did exist were
unimportant to the disposition of this case. The trial court
found, as a matter of law, the Village's ordinance No. 1 included
the subject real estate.
"Merely because the parties filed cross-
motions for summary judgment alleging that no
genuine issue of material fact existed does
not obligate the trial court to grant summary
judgment. Mutual Life Insurance Co. v. Wash-
burn (1989), 183 Ill. App. 3d 978, 981, 539
N.E.2d 1278, 1280, rev'd on other grounds
(1990), 137 Ill. 2d 312, 561 N.E.2d 29.
'The purpose of summary judg-
ment is to determine whether there
are any genuine issues of material
fact (Purtill v. Hess (1986), 111
Ill. 2d 229, 240), and summary judg-
ment should be granted when "the
pleadings, depositions, and admis-
sions on file, together with the
affidavits, if any, show that there
is no genuine issue as to any mate-
rial fact and that the moving party
is entitled to a judgment as a mat-
ter of law" (Ill. Rev. Stat. 1989,
ch. 110, par. 2-1005(c)). Although
summary judgment is an expeditious
method of disposing of a lawsuit, it
should only be allowed when the
right of the moving party is clear
and free from doubt. (Purtill, 111
Ill. 2d at 240.)' (Colvin v. Hobart
Brothers (1993), 156 Ill. 2d 166,
169-70.)
On appeal, the reviewing court's role is to
consider anew the facts and law relating to
the case and determine whether the trial court
was correct in finding that no genuine issue
of material fact existed, and if none exists,
whether the judgment was correctly entered as
a matter of law. University of Illinois v.
Continental Casualty Co. (1992), 234 Ill. App.
3d 340, 343, 599 N.E.2d 1338, 1341." Kellner
v. Bartman, 250 Ill. App. 3d 1030, 1033, 620
N.E.2d 607, 609 (1993).
Where the record presents a question of law only, summary judgment
is an appropriate remedy. Marshall v. City of Centralia, 143 Ill.
2d 1, 6, 570 N.E.2d 315, 317 (1991); Westwood Forum, Inc. v. City
of Springfield, 261 Ill. App. 3d 911, 916, 634 N.E.2d 1154, 1158
(1994).
In its complaint, Co-op admitted the Village is a
municipality organized under "AN ACT to incorporate the town of
Camp Point, Adams county" (1857 Act) (1857 Ill. Laws 539). Co-op
also admitted that on February 13, 1857, the Village's board of
trustees adopted ordinance No. 1 entitled "An Ordinance Defining
the Limits of the Village of Camp Point, Providing for Elections
and Organization of the Board of Trustees." This dispute arises
because of the alleged absence of any official records of ordinance
No. 1.
This entire case centers on which documentary evidence
submitted by the parties is the best evidence of the original
contents of ordinance No. 1. That is a question of law. Even if
a question of fact might arguably exist because the trier of fact
might accord different weight to the documentary evidence, the
parties have not suggested any other evidence would be presented at
trial. This case presents a question of law since these exhibits
are all the facts which will be presented at trial and only one
inference can be reasonably drawn from them. Jacobson v. General
Finance Corp., 227 Ill. App. 3d 1089, 1093, 592 N.E.2d 1121, 1124
(1992).
Section 2 of the 1857 Act incorporating the Village
stated:
"The boundaries of said corporation shall
be those established by the first ordinances
passed by the present board of trustees of
said town. Said ordinances, together with all
other ordinances passed by said board, are
hereby legalized, and may be read in evidence
in all courts of law or equity in this state
without proof." 1857 Ill. Laws 539.
According to Co-op, the only existing evidence of the Village's
boundaries between 1857 and 1874 was an 1872 map (Co-op exhibit No.
7) showing the original town and various additions, none of which
included the subject property. A footnote in Co-op's memorandum in
support of summary judgment indicated the map was included in the
1872 plat book of Adams County on file in the Illinois State
Library. The map was drawn by W. P. Campbell. Co-op exhibit No.
23 was a photocopy of a plat map of the Village by S. Farlow in
1901, which does not include the subject property within the
Village.
Also included in the record are two affidavits from Anne
Craig, Coordinator of Public Services at the Illinois State Library
in Springfield, Illinois, indicating that maps in the possession of
Co-op's attorney were produced from (1) the Atlas Map of Adams
County, Illinois, Compiled, Drawn and Published from Personal
Examinations and Surveys by Andreas, Lyter & Company, Davenport,
Iowa, Andreas, Lyter & Company, 1872 (Call #: FOLI0912.773 ADAM2);
and (2) Standard Atlas of Adams County, Illinois: Including a Plat
Book of the Villages, Cities and Townships of the County ***
Patrons Directory, Reference Business Directory *** Chicago: G.A.
Ogle, 1901 (Call #: FOLI0912.773 ADAM3). It is Co-op's position
that these maps show the subject land as belonging to "E. Garrett"
and outside the municipal limits.
"AN ACT to provide for annexing and excluding territory
to and from cities, towns and villages, and to unite cities, towns
and villages" (Annexation Act) was enacted effective July 1, 1872.
1871 Ill. Laws 264-67. On February 7, 1874, a referendum was
passed to organize the Village under the general municipal laws of
the State of Illinois for the organization of cities and villages.
Section 2 of the Village's revised ordinances (passed May 4, 1874)
provided that all ordinances passed by the board of the Village
shall be in pursuance of and consistent with the statutes relating
to the incorporation of cities and villages. The Village concedes
that no annexation of the subject property in accordance with the
Annexation Act has occurred since 1874.
In support of its response to the motion for summary
judgment, the Village submitted as an exhibit a handwritten,
certified copy of ordinance No. 1 made by Robert F. Humble, Village
Clerk, on December 16, 1936. This was based on the ordinance of
the Village as revised in June 1913 and in force from September 5,
1913. The subject property was included within the Village as
described by section 1 of ordinance No. 1 of the 1913 revision.
Village ordinances 33, 34, and 35 passed and approved on December
7, 1900, were ordinances of disconnection of real estate from the
Village which do not include the subject property. Ordinance No.
XIX annexed Bailey Park (part of the southwest quarter of the
southwest quarter of section 23). That ordinance was passed on
April 1, 1904. Also submitted were (1) an order of the circuit
court of Adams County in Heidbreder v. Village of Camp Point, No.
8859 (Cir. Ct. Adams Co.), entered on October 7, 1939, disconnect-
ing from the Village by default land owned by Walter Heidbreder and
legally described therein, and (2) the October 19, 1945, order of
the circuit court of Adams County disconnecting land of Ivan and
Helen Oitker (Oitker v. Village of Camp Point, No. 174 (Cir. Ct.
Adams Co.)). The parties do not argue that these orders directly
impact the subject property.
The Village also submitted a group of documents,
including the affidavit of John Basinger, a licensed professional
surveyor who mapped the corporate boundaries of the Village as
described in ordinance No. 1, recorded with the Adams County
Recorder's Office on December 21, 1936, after considering the
annexations; orders of detachment; and ordinances of disconnection.
In Basinger's opinion, that portion of the Co-op property lying
within the west half of the southeast quarter of section 26 (the
subject property) was within the Village boundaries described in
ordinance No. 1. Basinger further stated that Co-op exhibit No. 23
was a map showing subdivisions, lots, and parcels and Co-op exhibit
Nos. 7 and 23 "do not contain or purport to contain or describe or
include indicators or legends of the corporate boundaries of the
municipality, but said maps merely designate or indicate subdivi-
sion of property into lots or parcels." In his opinion, unsub-
divided properties are included within corporate boundaries, and it
is unreasonable to conclude that the subdivided parcels in lots
shown on the maps submitted by Co-op were synonymous with the
Village corporate boundaries.
Village exhibit No. 9 was the affidavit of Carol Means,
Deputy Treasurer of Adams County, certifying the Village tax
records of 1918 assessed property owned by A.A. Garrett, being the
"W
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