Thompson v. Village of Newark

In Thompson v. Village of Newark, 329 Ill. App. 3d 536, 768 N.E.2d 856, 263 Ill. Dec. 775 (2002), the Village of Newark, a non-home-rule municipality, passed an ordinance imposing school construction impact fees on new development within the village. The plaintiffs, landowners, sought, inter alia, a declaratory judgment that the impact fee ordinance was not authorized by section 11--12--5 of the Illinois Municipal Code. The trial court granted the village summary judgment. On appeal, this court reversed the trial court, holding that the village lacked the statutory authorization to impose impact fees for school construction and, to the extent that it did so, its ordinance was invalid. Thompson, 329 Ill. App. 3d at 542. Rejecting the village's argument that the statutory term "school grounds" is broad enough to encompass capital improvements, this court concluded that the plain meaning of the term "school grounds" is land surrounding a school building and does not include the building itself. Thompson, 329 Ill. App. 3d at 540. The Court further held that the remainder of the statute is primarily concerned with traditional planning concepts such as the location of streets and other improvements and that to read the statute "to also authorize the village to collect revenue to undertake massive capital improvements reads the statutory authority too broadly." Thompson, 329 Ill. App. 3d at 540-41.