Village of Barrington Hills v. Village of Hoffman Estates, 52587

• Citation: 43 Ill.Dec. 37,410 N.E.2d 37,81 Ill.2d 392
• Decision Date: 20 June 1980
• Docket Number: No. 52587,52587
• Parties: , 43 Ill.Dec. 37 The VILLAGE OF BARRINGTON HILLS et al., Appellants, v. The VILLAGE OF HOFFMAN ESTATES et al., Appellees.
• Court: Illinois Supreme Court

Page 37

410 N.E.2d 37

81 Ill.2d 392, 43 Ill.Dec. 37

The VILLAGE OF BARRINGTON HILLS et al., Appellants, v. The VILLAGE OF HOFFMAN ESTATES et al., Appellees.

No. 52587.

Supreme Court of Illinois.

June 20, 1980.

Rehearing Denied Sept. 26, 1980.

Ross, Hardies, O'Keefe, Babcock & Parsons, Chicago (R. Marlin Smith, and Wendy U. Larsen, Chicago, of counsel), for appellant Village of Barrington Hills.

Friedman & Koven, Chicago (Donald J. Kreger, Robert J. Rubin, Chicago, of counsel), for appellant Village of South Barrington.

Richard N. Williams, Hoffman Estates, for appellee Village of Hoffman Estates.

Wexler, Siegel & Shaw, Ltd., and Klafter, Burke, Keane & Nathan, Chicago (Richard L. Wexler, Stuart Smith, and Edward M. Burke, Chicago, of counsel), for certain appellees.

UNDERWOOD, Justice:

Plaintiffs, the village of Barrington Hills (Barrington Hills) and the village of South Barrington (South Barrington), filed a complaint challenging the adoption of particular zoning ordinances and the construction of an open-air theater against defendants, the village of Hoffman Estates (Hoffman Estates); Nederlander Realty Company of Illinois, Performance Properties, Inc., Ned Prop, RKO General, Inc. (Nederlander Group); Pioneer Bank and Trust Company; and Fred and Ethel Hansen. The circuit court of Cook County dismissed their complaint on the ground that plaintiffs lacked standing to maintain their action, and the appellate court affirmed. (75 Ill.App.3d 461, 31 Ill.Dec. 397, 394 N.E.2d 599.) We granted leave to appeal.

The facts alleged in the plaintiffs' complaint are adequately set forth in the opinion of the appellate court and need only be summarized here. The subject property consists of approximately 212 acres located in Barrington Township, Cook County, and is included in a larger tract of land bounded by the Northwest Tollway on the south, the Elgin, Joliet and Eastern Railway on the west, Higgins Road on the north, and New Sutton Road on the east. The corporate limits of Barrington Hills, a non-home-rule municipality, and South Barrington, a home rule municipality "are adjacent or in close proximity to the property"; and legal title thereto is held in trust by the Pioneer Bank and Trust Company for Fred and Ethel Hansen, the beneficial owners of the property.

It is alleged in the complaint and admitted by the motion to dismiss (Goodman v. Regional Transportation Authority (1976), 66 Ill.2d 20, 4 Ill.Dec. 304, 360 N.E.2d 51) that the Nederlander Group plans to develop this real estate for an open-air music theater, to be known as the Poplar Creek Music Theater, which would contain approximately 6,000 seats in an auditorium structure and space in the open for an additional 14,000 persons. The project would also require parking spaces for 6,000 to 7,500 automobiles and would involve commercial and concession activities ancillary to the operation of the theater programs. Among the performances contemplated by the developers are rock concerts, jazz festivals, and country-and-western musical programs, all of which would be electronically amplified.

Following a public hearing pertaining to the annexation of the subject property, Hoffman Estates on August 22, 1979, adopted three ordinances: Ordinance No. 1039-1978 authorized the execution of an annexation agreement between the defendants; Ordinance 1040-1978 authorized annexation of the real estate; and Ordinance No. 1041-1978 rezoned a portion of the property to B-2 central business district and the remainder to F farming district to permit the construction and operation of the theater. Prior to the passage of these ordinances, the real estate was located in an unincorporated area of Cook County and was classified in the R-1 single-family residence district under the Cook County zoning ordinance.

The subject property is located at a substantial distance from the residentially developed area of Hoffman Estates but is in close proximity to residentially developed areas within the corporate limits of Barrington Hills and South Barrington. Pursuant to zoning ordinances, both plaintiffs had adopted comprehensive plans which would restrict the use of the land in the vicinity of the subject property to low-density single-family residences and to agricultural uses.

It was further alleged that the defendant's adoption of the zoning ordinances permitting the construction and operation of the theater denied plaintiffs due process under the Federal and State constitutions, constituted an invalid exercise of police power under the laws of this State, violated the zoning ordinances of Hoffman Estates with respect to the B-2 central business district, and constituted a public nuisance against which temporary and injunctive relief was sought.

Plaintiffs further alleged that the annexation and zoning of the subject property for use and development of the contemplated project would occasion special injury and damage to them in their corporate capacities because of safety hazards on roads and highways within their corporate limits due to traffic congestion; the need to provide additional traffic police at an estimated annual cost to Barrington Hills of at least $42,000 and to South Barrington of not less than $24,000; the diversion of their existing police manpower from their ordinary duties to control theater crowds and to protect their residences from the disorderly activity that might result from persons attending the performances; the cost of purchasing additional squad cars for use only during...