People Ex Rel. North Chicago v. Waukegan

Defendant, city of Waukegan, appeals from a judgment of ouster entered on the pleadings in a quo warrantor action brought by plaintiff, city of North Chicago. The issues we consider are whether North Chicago had standing to bring quo warrantor; whether the trial court erred in entering judgment on the pleadings; and, whether Waukegan's motion to amend its answer to the complaint should have been granted. This case arises out of Waukegan's effort to annex approximately 600 acres of farmland lying south of its border as requested by all of the owners and 51% of the electors residing therein. The territory consists of two parcels bounded on the north by Pulaski Drive and Waukegan city limits; on the east by U.S. Route 41; on the south by 22nd Street and on the west by the Milwaukee Road Railroad and Waukegan Road. As described by metes and bounds in the petition for annexation presented to Waukegan on February 22, 1982, pursuant to section 7-1-8 of the Illinois Municipal Code (Ill. Rev. Stat. 1981, ch. 24, par. 7-1-8), the territory had a common boundary with Waukegan for approximately 2,360 feet. The notices required by section 7-1-1 of the Illinois Municipal Code (Ill. Rev. Stat. 1981, ch. 24, par. 7-1-1) to be given to other interested governmental units were made by Waukegan and described the territory in the same manner as did the petition. Thereafter, on June 14, 1982, the city council adopted an ordinance annexing the territory as requested in the annexation petition. However, in section 1 of this ordinance, by which the territory was declared annexed, an error in the metes and bounds description created an 82-foot gap between Waukegan and the territory sought to be annexed. In section 2 of the ordinance, however, in which the territory was described for zoning and development purposes, it was correctly described so as to establish continguity with the city.