St. Clair County Board v. Village of National City
State: Illinois
Court: 5th District Appellate
Docket No: 5-97-0100
Case Date: 10/03/1997
NO. 5-97-0100
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
_________________________________________________________________
THE ST. CLAIR COUNTY BOARD, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) St. Clair County.
)
v. ) No. 96-MR-518
)
THE VILLAGE OF NATIONAL CITY, ) Honorable
) Richard A. Aguirre,
Defendant-Appellant. ) Judge, presiding.
_________________________________________________________________
JUSTICE RARICK delivered the opinion of the court:
On October 31, 1996, the St. Clair County Board (the Board)
filed a petition for dissolution in the circuit court of St. Clair
County, seeking an order to dissolve the Village of National City
(National City) pursuant to section 7-6-7 of the Illinois Municipal
Code (65 ILCS 5/7-6-7 (West 1994)). The circuit court granted the
petition on February 21, 1997. National City appeals, arguing that
the circuit court's decision was based on a misinterpretation of
the statute. We affirm.
The record reveals that on April 30, 1996, the Board adopted
a resolution calling for a special census of National City in order
to dissolve it. Pursuant to this resolution, the Board requested
the United States Bureau of the Census to undertake a special
census of National City. The census was conducted on August 13 and
14, 1996, and found that there were zero (0) inhabitants in
National City. On November 18, 1996, the court permitted Robert
Marshall, Lorie Marshall, Harold Smith, and Walter Dickinson to
intervene on their own behalf and on behalf of their families and
all other persons, known or unknown, who intended to return to or
move to the Village of National City. Both the intervenors and
National City filed motions to dismiss. On February 21, 1997, the
circuit court denied the motions to dismiss and granted the
petition for dissolution.
The sole issue on appeal is whether the circuit court erred in
construing section 7-6-7 of the Illinois Municipal Code. Section
7-6-7 provides:
"Upon application by the county board of any county to the
circuit court, and after a hearing upon such notice as may be
directed by such court, any municipality which has less than
50 inhabitants according to the last preceding Federal census
may be ordered by the court to dissolve. After service of
such order upon the corporate authorities of the municipality
acting at that time they shall proceed to close up the
business affairs of the municipality as expeditiously as
possible and in the same manner as is provided by Sections 7-
6-4, 7-6-5 and 7-6-6 in the case of voluntary dissolution.
The court may enforce compliance with its order by proceedings
for contempt. If ever there is in existence any municipality
in which the Bureau of the Census did not determine the
population when the last preceding decennial census was taken,
the county board of the county in which such municipality is
located may, at county expense, arrange with the Bureau of the
Census to take a special census of such municipality." 65
ILCS 5/7-6-7 (West 1994).
National City maintains that a county may seek a special
census for purposes of dissolving a municipality only where there
has been no preceding decennial Federal census. In other words, a
county board cannot use a special census as the basis for the
involuntary dissolution of a municipality where the municipality's
population was determined at the last preceding decennial census.
Because the 1990 Federal census found the city to have a population
of 57, National City contends, the Board could not rely on a
special census to seek the dissolution of the city and the circuit
court erred in granting the petition for dissolution. We do not
agree.
The cardinal rule of statutory construction is to ascertain
and give effect to the intent of the legislature. In re
Application for Judgment & Sale by County Treasurer & Ex Officio
County Collector of St. Clair County, 276 Ill. App. 3d 1084, 659
N.E.2d 457 (1995); Tucker v. Illinois Power Co., 232 Ill. App. 3d
15, 597 N.E.2d 220 (1992). Legislative intent is best determined
from the language of the statute (County of Hamilton v. Department
of Revenue, 279 Ill. App. 3d 639, 665 N.E.2d 567 (1996)), and such
language will be given its plain and ordinary meaning. In re
Incorporation of Village of Godfrey, 243 Ill. App. 3d 915, 612
N.E.2d 870 (1993). Where the language of a statute is not
ambiguous, it will be enforced as enacted without resort to other
aids. Scott v. Archer-Daniels-Midland Co., 194 Ill. App. 3d 510,
551 N.E.2d 776 (1990). Reviewing the language of section 7-6-7, we
find the statute to be clear and unambiguous.
The first sentence of section 7-6-7 provides that a county
board may petition the circuit court for an order to dissolve any
municipality which has less than 50 inhabitants according to the
last preceding Federal census. The statute does not limit this to
the last preceding decennial Federal census. The legislature's use
of the adjective "decennial" in the fourth sentence, but the
exclusion of it in the first sentence, clearly demonstrates that
not only was the legislature aware that it could use the adjective
"decennial" as a modifier but it purposely chose to omit it from
the first sentence.
Even if we found the language of the statute to be ambiguous,
we would nevertheless conclude that the circuit court's
construction reflected the intent of the legislature. The
underlying purpose of section 7-6-7 is that municipalities with
small populations "would be beset with difficulties of providing
fire and police protection as well as being subject to domination
by a single individual or group, who could use the power of a
municipality for private rather than public goals." Supervisors of
County of Boone v. Village of Rainbow Gardens, 14 Ill. 2d 504, 512-
13, 153 N.E.2d 16, 21 (1958). Providing a county with the
authority to seek a court order to dissolve such municipalities
provides a mechanism to redress such problems. Requiring a county
to wait until the next decennial census to seek the dissolution of
a municipality whose population has fallen below 50 would hinder
rather than serve the purpose of the statute. Further, there is no
logic in allowing the use of a special census only in situations
where there has been no previous decennial census. A county would
be able to act expeditiously where there had been no previous
decennial census, but where there had been, the county would be
forced to wait until the next decennial census. This is contrary
both to the purpose of the statute and to common sense.
For the foregoing reasons, the judgment of the circuit court
of St. Clair County is affirmed.
Affirmed.
KUEHN, P.J., and HOPKINS, J., concur.
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