New-Mark Builders, Inc. v. City of Aurora

MR. PRESIDING JUSTICE DAVIS

delivered the opinion of the court.

The plaintiff, New-Mark Builders, Inc., filed a petition seeking a writ of mandamus to compel the defendant, the City of Aurora, to approve its request for the annexation of certain contiguous land. The defendant filed a motion to dismiss, alleging that the action of the City on plaintiff’s request for annexation was legislative in nature, and that its discretion in a legislative matter was not subject to judicial review. The trial court dismissed the plaintiff’s petition and the plaintiff appealed.

The petition for mandamus alleged…