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Village of Arlington Heights v. Gatzke
Citations: 101 Ill. App. 3d 885; 428 N.E.2d 947; 57 Ill. Dec. 267; 1981 Ill. App. LEXIS 3602Docket: No. 79-1376
Court: Appellate Court of Illinois; November 4, 1981; Illinois; State Appellate Court
The village of Arlington Heights petitioned to condemn 67 acres of the Milbratz Farm property for a drain and retention basin to address flooding issues. This land is near Windsor Drive and Palatine Road in unincorporated Cook County, adjacent to the village limits. Defendants Elsa C. Gatzke and Adele M. Nitschke moved to dismiss the petition, leading to a trial court ruling that granted the motion, determining the project exceeded the village's authority and constituted an abuse of discretion. The village is appealing this decision. Following severe flooding in 1972, the village commissioned R.J. Peterson Associates to study flood control, resulting in a report that identified problems in the McDonald Creek watershed, which includes the Milbratz Farm. The watershed lacks adequate outlets for storm runoff, necessitating the construction of a permanent retention basin, Lake Arlington, to manage stormwater and provide recreational opportunities. The proposed project would require acquiring about 113 acres of land. Testimony during the hearing included insights from Robert J. Peterson, who detailed the lake's design and function, and Ralph W. Lindley, who argued that the project mainly benefits properties outside the village. Lindley differentiated between the functions of drains and basins, while the village’s director of engineering contended that a detention basin can function similarly to a drain. The village claims its actions are authorized under the Illinois Municipal Code, which allows municipalities to construct drainage infrastructures and acquire the necessary land. Section 11. 110—3 of the Illinois Revised Statutes grants corporate authorities the power to acquire land outside city or village limits for the construction or improvement of drains, as defined by their ordinary meaning. The Illinois Municipal Code permits condemnation only for natural or artificial drains, and the village contended that the proposed Lake Arlington qualifies as a drain. However, defendants countered that it functions as a retention basin rather than a drain. The court noted that the code does not define "drain," leading to the conclusion that its common understanding refers to a passageway for water flow, not a storage facility. Testimony indicated that the lake's design would restrict water flow, distinguishing it from a drain. The court found that the project intended to convert part of McDonald Creek into a lake, not to improve a drain, and thus the village lacked the statutory authority to pursue condemnation. Consequently, the trial court's dismissal of the petition was affirmed.