People Ex Rel. Prosp. Hts. v. Wheeling

Plaintiff, the city of Prospect Heights, filed a complaint in quo warrantor challenging the annexation of unincorporated territory to defendant, the village of Wheeling. George and Veta Priester, Waukee Realty Company, and Motel Land Corporation, who are the owners of the territory purportedly annexed to Wheeling, obtained leave to intervene as additional defendants. Prospect Heights moved for summary judgment on the ground that not all owners of record of the territory signed the petition for annexation. Wheeling and the intervenors filed cross-motions for summary judgment. The trial court denied Prospect Heights' motion and granted the motions of Wheeling and the intervenors. Prospect Heights appeals. On May 30, 1980, the village clerk of Wheeling received a petition (the Wheeling petition) requesting that Wheeling annex certain territory pursuant to section 7-1-8 of the Illinois Municipal Code (Ill. Rev. Stat. 1979, ch. 24, par. 7-1-8). The petition listed George Priester, Veta Priester, and Waukee Realty Company as sole owners of record of the territory to be annexed. The petition was signed as follows: