Annexation Case Could Go To Trial

The legal fight surrounding the annexation of property at Route 22 and Quentin Road continues.

The next court date — a status hearing to determine when a trial date will be scheduled — is set for Sept. 1. That may only continue to another status hearing, because Hawthorn Woods attorney Thomas Burney said an appeal by his client of the Aug. 5 ruling already has begun.

Burney said it could be a couple of months before either the matter is decided in a written agreement or a trial occurs. He said since the appeal documents have not yet reached the 2nd District Appellate Court, there is no way of knowing yet what actions they will take.

“The purpose of going to court is not to be fighting with our neighbor, but instead asking for a legal opinion on an antiquated document that we inherited,” Hawthorn Woods CEO Pam Newton said. “We believe (the agreement) conflicts with the law and common practice; do these property owners have the right to choose their municipality or do they have to become a victim of these antiquated documents.”

According to court documents, there are two Illinois statutes that are at odds with one another regarding the case. One states boundary agreements must be respected by property owners, and the other makes clear that property owners are allowed to submit annexation petitions to municipalities of their choosing. 

There is a total of 53 acres of land including the Wooten and other properties, and Newton said half of the property owners who own 36 of those acres have voluntary annexation petitions with Hawthorn Woods.

If  wins the case, the Wooten property could be forcibly annexed, and if they want a commercial development they would have to go through building and zoning, said Lake Zurich Village Attorney Carlos Arevalo.

“Hawthorn Woods believes we haven’t gotten to the trial yet, and we also believe this jurisdictional dispute has merit,” Newton said. “We have annexation petitions and requests from these landowners, and we need to know if we can move forward with them.”

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