Appellate Court reverses Belle Meade Ruling
In May 2009, owners of the Belle Meade development in Green Garden filed a petition in Will County Circuit Court to annex not only their own property into the Village of Monee, but to forcibly annex the private landowners who lived between the village and the development. In July 2009, a Will County judge ruled in the developers’ favor, ostensibly permitting the forced annexation to proceed. On April 7, 2010, the appellate court reversed the Will County judge, holding that the annexation petition was insufficient because it was not signed by a majority of registered voters in the annexation footprint, as required by state law.
Will County Board Member John Anderson, who is also running for Circuit Judge, hailed the appellate court ruling as a victory for residents of Monee, Peotone, and Green Garden Township. “Having lived in Monee for many years, I know that Monee is a great place to live and raise a family. However, this forced annexation would have dealt a devastating blow to all three communities,” Anderson says. “For Monee, the cost of extending services west to 88th Avenue would by a substantial tax burden to Monee residents. And, adding over 400 new lots or houses to an already over-supplied housing market would harm existing property values in Monee,” he explained. Anderson also noted that Belle Meade would constitute a substantial burden on the Peotone School District, which encompasses both Peotone and Green Garden Townships. “We are talking about well over 400 proposed homes in Belle Meade alone, not including the property in between the village and the proposed development,” Anderson explained. “The Peotone school district is already struggling financially, and this would bend it well beyond the breaking point. When schools struggle, the community struggles too—this is just a bad deal for everyone.”
Anderson also stated that the ruling represents a victory for land rights across the State of Illinois. The Joliet attorney representing the landowners in the proposed forced annexation footprint, Cory Lund of Tracy Johnson & Wilson, agreed. “The ruling of the Appellate Court in favor of individuals and against big developers sustains the concept of our fundamental property rights, while still maintaining the notion of majority rule,” Lund declared. “Here, a majority was required, and the developer could not contrive one with suspect maneuvers.”
Anderson cautioned, though, that the Belle Meade development is not dead yet. “These developers made a bad business deal, and now they want a bail-out on the backs of Monee, Peotone, and Green Garden taxpayers. They are not going to give up,” he speculated. To effectuate a forced annexation under state law, the developers must gain the support of a majority of the land owners and a majority of the registered voters in the annexation footprint. Thus, the developers could seek to fill existing homes in the annexation footprint with renters who would be willing to sign a new annexation petition. Or, they could seek to subdivide their existing parcels to increase the number of land owners. Still, Anderson concluded, “this is a good victory for everyone in Monee, Peotone and Green Garden.”
The Village of Monee had scheduled a public hearing on the Belle Meade development for April 22 at 6:30 p.m. at Monee Elementary School, located at 25425 S. Will-Center Road in Monee. It is currently unclear whether that meeting will take place in light of the appellate court’s ruling. Interested persons can contact the Village of Monee at 708-534-8301 for more details.





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