Waukegan Port District v. of Proposed Village of Beach Park

The Waukegan Port District and the city of Waukegan appeal pursuant to Supreme Court Rule 304(a) (87 Ill. 2d R. 304(a)) from orders of the circuit court dismissing their objections to a petition to incorporate the village of Beach Park and denying their motions to intervene in the incorporation proceeding.

The Port District contends that the village incorporation statute in issue (Ill. Rev. Stat. 1985, ch. 24, par. 2 — 3—5a) is unconstitutional as it arbitrarily fails to require the consent of or the right to object by existing nearby municipalities in order to incorporate a village containing…