Who Has the Authority Regarding Petitions to Disconnect Land ?
In La Salle National Trust, N.A. v. Village of Mettawa, 249 Ill. App. 3d 550, 616 N.E.2d 1297, 186 Ill. Dec. 665 (1993), the Court recognized that the legislature has not preempted the powers of home rule units regarding disconnection issues. La Salle National Trust, 249 Ill. App. 3d at 574.
The Court also noted that disconnection is a matter affecting both the state and local governments, but the Court concluded that "the traditional role of the State and the State's vital interest in disconnection make disconnection primarily a matter of statewide concern." La Salle National Trust, 249 Ill. App. 3d at 575.
The Court also noted the following:
(1) municipal corporations are creatures of the state that are, absent constitutional restrictions, subject to the legislature's will and discretion (La Salle National Trust, 249 Ill. App. 3d at 575);
(2) the legislature has the authority to fix and control the territory and boundaries of municipalities;
(3) the parties had not cited a single case in which a local government exercised concurrent power with the state on a disconnection matter (La Salle National Trust, 249 Ill. App. 3d at 575-76).