The Vill. of Nunda v. the Vill. of Chrystal Lake.
| Decision Date | 30 September 1875 |
| Citation | 1875 WL 8624,79 Ill. 311 |
| Parties | THE VILLAGE OF NUNDAv.THE VILLAGE OF CHRYSTAL LAKE. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of McHenry county; the Hon. THEODORE D. MURPHY, Judge, presiding.
Messrs. BOTSFORD, BARRY & WILCOX, for the appellant.
Mr. M. L. JOSLYN, for the appellee.
It appears that appellant filed a bill in the McHenry circuit court, against appellee. Complainant claims that it is an incorporated village, under the act of 1872, and is exercising the rights, privileges and franchises conferred by that act; that an election was held and trustees elected, on the 17th day of February, 1874, and again on the 3d day of April, 1875, and the persons so elected on the latter date were serving as such at the commencement of this suit; that they had certified to the county clerk an estimate of the necessary taxes to be levied on the real and personal property within the corporation for corporate purposes.
It also appears, that a portion of the citizens of the village of Chrystal Lake petitioned for an order for an election to be held for the purpose of becoming incorporated under the the act of 1872, and on the 2d day of December, 1873, the election was held, resulting in favor of incorporation, and the result was duly entered on the records of the county court. Subsequently the citizens obtained the requisite number of petitioners, and another election was called to vote on the question of organizing the village of Chrystal Lake as an incorporation. The election was held, and resulted as had the previous one, in favor of incorporation. Trustees were elected, and the village organized.
In this last election, a portion of territory embraced in the first vote to organize was left out, and another portion of territory was embraced in the boundaries proposed to be incorporated. And it is claimed that the portion thus taken in had been previously laid out and platted into lots as a part of the village of Nunda, and another portion lay adjacent to, and was connected with it, and that all of such territory is embraced in Nunda, as it was organized. It also appears that the territory voted to be incorporated as the village of Chrystal Lake at the first election, was situated in the township of Algonquin, and the territory embraced in the village of Nunda is situated in the township of Nunda. But the village of Chrystal Lake, as voted to be chartered at the last election, embraces portions of both these townships.
It is claimed that the citizens first voting to incorporate Chrystal Lake, after the election, the court of the vote, and the entry of the result of the election on the record, abandoned the organization as far as it had progressed, and did nothing under it, but incorporated under the second election. After it was held, trustees were elected, and taxes were levied and extended by the county clerk, and this bill was filed professedly to enjoin their collection, but, as admitted, principally to determine whether Chrystal Lake is legally organized under the second election, or whether the village did not become incorporated under the first, and is not confined in the exercise of its corporate rights to the territory embraced in the first election.
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