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Scott v. Morrison Community Hospital District12/27/2000
Petitioners filed a petition seeking detachment from respondent Morrison Community Hospital District pursuant to section 10 of the Hospital District Law. 70 ILCS 910/10 (West Supp. 1999). Respondent objected to the petition on various grounds. Following a hearing, the circuit court ruled that the petition was sufficient and it certified the detachment proposition to the proper election officials. That decision was appealed to this court on February 4, 2000, under No. 3--00--0094. During the pendency of that appeal, a majority of the voters of the territory seeking detachment voted in favor of detachment, 712 to 51. Thereafter, petitioners filed a motion to declare the territory detached. Respondent objected to petitioners' motion on the same grounds that it had objected to the petition to detach. On May 5, 2000, the circuit court overruled respondent's objections and declared the territory detached. Respondent appealed from that order on June 5, 2000, under No. 3--00--0449. Subsequently, on respondent's motion, the two appeals were consolidated by this court.
Facts
The Morrison Community Hospital District (the District) was established in 1952. The detached territory became part of the District in 1970 by means of annexation. The detached territory is located in Whiteside County and consists of a portion of Portland Township and all of Prophetstown Township, including the City of Prophetstown. The detached territory is not identical to the area annexed in 1970; it represents only a portion, or subset, of that area. The area annexed in 1970 constitutes more than 25% of the equalized assessed valuation of the District. The detached area contains less than 25% of that valuation. The basis for the detachment petition was an amendment to section 10 of the Hospital District Law which provides in part:
" ithin 24 months after the effective date of this amendatory Act of the 91st General Assembly, the legal voters residing within a hospital district may file a petition for detachment from the hospital district where (i) the territory sought to be detached was added to the hospital district by way of annexation; and (ii) the equalized assessed valuation of the territory sought to be detached constitutes less than 25% of the equalized assessed valuation of the hospital district. The petition must be signed by not less than 5% of the legal voters of the territory sought to be detached. Detachment is not permissible if it would destroy the contiguity of the territory of the District. A hearing shall be held on the petition as nearly as possible as in the case of a formation petition. If upon the hearing, the court finds that the petition is sufficient, it shall certify the proposition to the proper election officials, who shall submit the question to the legal voters of the territory proposed to be detached at an election in accordance with the general election law." 70 ILCS 90/10 (West Supp. 1999) as amended by Pub. Act 91-449, ยง5, eff. Aug. 6, 1999.
On appeal, respondent contends that the amendment to section 10 set forth above violates the equal protection clauses of the Illinois and United States Constitutions, constitutes special or local legislation, and results in a denial of due process. Respondent also asserts that, even assuming the constitutionality of section 10, the territory sought to be detached in this case is ineligible to detach because it is not identical to the area that was annexed in 1970. Analysis
We first consider whether section 10, as amended, requires the detaching territory to be identical to the area that was added by way of annexation. The relevant provision states that a petition for detachment may be filed "where(i) the territory sou
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