City of Urbana v. County of Champaign

This is an appeal from the involuntary dismissal of the City of Urbana’s (City) complaint for a declaratory judgment praying that the developer of a Planned Unit Development (PUD) within Vii miles of its city limits be required to obtain the necessary approvals required by the City ordinances. The City argues that the dismissal of the complaint was improper. We agree and reverse and remand for reinstatement of the complaint.

The essential facts in this case are not in dispute. The developer, R & T, Inc., a Delaware corporation ( R & T), owns approximately 50 acres of undeveloped property…