McHenry County Chief Judge Michael Sullivan has ruled in favor of the Batavia Library District in its ongoing annexation dispute with the Geneva Library District.
In the 39-page ruling issued Wednesday, Sullivan said that "in regard to the complaint in quo warranto brought by the Batavia Public Library District against the Geneva Public Library District that judgment enter in favor of the Batavia Public Library District and against the Geneva Public Library District.”
The case involves the Batavia Library Board's October 2006 annexation of 1,600 acres west of Mill Creek subdivision.
The land is within the Geneva school district and is considered part of the Geneva library's future service area. Right now, both the Geneva and Batavia library districts serve portions of the other city's school districts.
The case was moved to McHenry County Circuit Court after a Kane County judge told Geneva library trustees she was friends with another judge, who happens to be the father of Batavia Library Board President Douglas Sullivan.
Regarding the first affirmative defense filed by Geneva Public Library District, the judge ruled in favor of the Geneva Public Library District and against the Batavia Public Library District.
At the same time, Sullivan ruled that Batavia Library District's original annexation was invalid because of improper caption on the agenda, which is considered a violation of the Open Meetings Act; and an erroneous legal description that created a lack of contiguity for more than 100 acres of the 1,600 acres sought to be annexed.
Both the Batavia Library District and the Geneva Library District have 30 days to appeal the order.