People Ex Rel. Town of Aurora v. City of Aurora

The City of Aurora (City) passed an ordinance purporting to disconnect from its corporate limits a portion of property that it had annexed two years earlier. The plaintiffs, the Town of Aurora (Town) and Richard Hammond, as Town highway commissioner, brought an action in quo warranto and for a declaratory judgment, seeking a determination that the attempted “deannexation” was null and void and that the City retained responsibility for the repair and maintenance of portions of two streets adjacent to the purportedly “deannexed” territory.

The trial court ruled for plaintiffs, holding that the…