People ex rel. Durst v. Village of Germantown Hills

Mr. PRESIDING JUSTICE CRAVEN

delivered the opinion of the court:

Plaintiffs Maynard Durst and Worth Township initiated this lawsuit by filing an application for leave to file a complaint in quo warranto. On defendant’s motion, leave to file was denied by the trial court and both named plaintiffs have appealed.

It appears from the pleadings that the Village of Germantown Hills annexed a subdivision lying to the east of its border, and that, while there are as yet no residents of the subdivision, the owners of the land therein consented to the annexation. The annexed territory lies wholly within…