Judge Issues Temporary Injunction To Halt Annexation

On June 2, 2011, the Wootens withdrew their petition to annex their property — at Route 22 and Quentin Road — into , according to court documents.

Dennis Wooten, who owns the property with his mother, Charlene, testified that his family would suffer “substantial economic hardship” if a contract for the sale of his property to Bradford Equities LLC for $2.1 million does not occur.

The contract requires that the boundary agreement be finalized and commercial development be allowed within 120 days of June 22, 2011, or it could be terminated. 

Wooten added that due to the still-unreached agreement between and Kildeer, four other offers on his property were held up over the last 12 years. Access into the property has hurt business due to changes made by the Illinois Department of Transportation over the last few years, Wooten testified.

The formerly two-lane cross-section became four lanes with left-turn lanes, and a median was added that prohibits access into the property from the west.

The development proposal Mr. Wooten wants to take advantage of would allow the business to relocate on the proposed commercial site and facilitate easier access for potential customers traveling from the west, according to court documents.

Shortly after Wooten withdrew his petition for annexation with Lake Zurich, said Village Attorney Carlos Arevalo said Hawthorn Woods again attempted to forcibly annex the property as they had in 2010.

“This time, instead of going to their board, filed a temporary restraining order in June 2011 to stop Hawthorn Woods from annexing any properties on the Lake Zurich side of the agreement,” said Arevalo.

At the most recent court date on Aug. 5, Judge Mitchell Hoffman ruled Hawthorn Woods could not annex any property west of Quentin Road, because the property is on the Lake Zurich side of the intergovernmental agreement.

That ruling was in addition to the court finding that installation of sewer lines also did not breach the agreement, and the zoning issues were immaterial and for planning purposes only. Mayor Suzanne Branding said Lake Zurich is seeking a permanent injunction that would prevent Hawthorn Woods from annexing the Wooten property in the future.

Return to the main story or continue on to Annexation Case May Go To Trial.