First Nat. Bank v. Vill. of South Pekin
| Decision Date | 19 June 1939 |
| Docket Number | No. 25102.,25102. |
| Citation | 21 N.E.2d 765,371 Ill. 605 |
| Parties | FIRST NAT. BANK et al. v. VILLAGE OF SOUTH PEKIN. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Proceeding by the First National Bank and others against the Village of South Pekin for the disconnection of certain territory from the village. From an order disconnecting the territory, the Village of South Pekin appeals.
Cause transferred to the Appellate Court for the Third District.Appeal from Tazewell County Court; William J. Reardon, Judge.
Louis P. Dunkelberg, of Pekin (Harold J. Rust, of Pekin, of counsel), for appellant.
Ralph Dempsey and Velde & Prettyman, all of Pekin, E. E. Horton, of Peoria, and Alfred W. Black, of Pekin (Nelson Trottman, E. C. Craig, and Charles A. Helsell, all of Chicago, of counsel), for appellees.
The county court of Tazewell county entered a final order disconnecting certain territory from the village of South Pekin, Illinois, under an act providing for the disconnection of land from cities, towns and villages. (Laws of 1935, p. 300, Ill.Rev.Stat.1937, c. 24, § 385d et seq.) There were six tracts involved, three of which contained more than twenty acres each. The other tracts, considered separately, contained less than twenty acres, but tracts 2 to 6, inclusive, were all connected and collectively embraced more than eighty acres owned by several parties who joined in the amended petition for disconnection. Appellant, in its motion to strike, urged that the Disconnection statute was illegal, but, in its brief, concedes that at least three of the tracts, under the law, should be disconnected. In appellant's brief the points argued are, that the appeal involves the construction of the Disconnection statute as to whether additional landowners may intervene in the proceeding; whether individual landowners can join their holdings so as to create an area of twenty acres or more, and whether certain areas would be isolated in violation of the act.
The Disconnection Act of 1935 was held constitutional in Punke v. Village of Elliott, 364 Ill. 604, 5 N.E.2d 389. We have held that when a constitutional question has been previously decided by the Supreme Court it will not ordinarily entertain an appeal for the purpose of again raising the same question. O'Connor v. Rathje, 368 Ill. 83, 12 N.E.2d 878;Comstock v. Morgan Park Trust & Savings Bank, 363 Ill. 341, 2 N.E.2d 311. It has also been decided that where it appears a constitutional question has been settled and is no...
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...and we do not entertain appeals when the constitutional question is settled so as to be no longer debatable. First Nat. Bank v. Village of South Pekin, 371 Ill. 605, 21 N.E.2d 765;Dean v. Board of Education, 386 Ill. 156, 53 N.E.2d 875;Wilson v. Prochnow, 354 Ill. 98, 187 N.E. 914. The ques......
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