Skip to code content (skip section selection)
Compare to:
SECTION 2.502.  LAND DISCONNECTED BY COURT PROCEDURE.
   A.   The owner or owners of record of any area of land consisting of one or more tracts, lying within the corporate limits of the Village of Mettawa may have such territory disconnected which:
      1.   Contains twenty (20) or more acres;
      2.   Is located on the border of the Village;
      3.   If disconnection will not result in the isolation of any part of the Village from the remainder of the Village;
      4.   If disconnected, the growth prospects and plan and zoning ordinances of the Village will not be unreasonably disrupted;
      5.   If disconnected, no substantial disruption will result to existing Village service facilities, such as, but not limited to, sewer systems, street lighting, water mains, garbage collection and fire protection; and
      6.   If disconnected, the Village will not be unduly harmed through loss of tax revenue in the future.
   B.   The procedure for disconnection shall be as follows:  the owner or owners of record of any such area of land shall file a petition in the Circuit Court of Lake County alleging facts in support of the disconnection.  The Village of Mettawa shall be made a defendant, and it may appear and defend against the petition.  Following a hearing on the petition, if the court finds that the allegations of the petition are not true, the court shall enter an order dismissing the petition. If the court finds that the allegations of the petition are true and that the area of land is entitled to disconnection, it shall order the question submitted within the corporate limits of the Village of Mettawa at an election in accordance with the general election law.  The Clerk of the Circuit Court shall certify the question to the proper election authority for submission.  The result of the election shall be entered of record in the court.  If a majority of votes cast on the question favor disconnection, the court shall then give notice thereof to the President and Board of Trustees of the Village of Mettawa.
   C.   If a majority of persons voting upon the question vote for disconnection, the described territory is disconnected from the Village of Mettawa.  However, if a majority of the persons voting on the question vote against disconnection, no further proceedings shall be had on the question for at least twenty-three (23) months from the date of such election.