Sec. 7-1-4. The cause shall be heard without further pleadings.

379 words·~2 min read·/il/chapter-65/act-5/7-1-4

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Sec. 7-1-4. The cause shall be heard without further pleadings. At the hearing the objector may be heard in person or by counsel.

Prior to hearing evidence on the validity of the annexation petition or ordinance, the court shall hear and determine any objection under sub-paragraph

(4)of Section 7-1-3. If the court is satisfied that such objection is valid, it shall order the petition or ordinance to be amended to eliminate such objector's land from the territory sought to be annexed. Thereafter upon this hearing the only matter for determination shall be the validity of the annexation petition or ordinance, as the case may be, and the decision of the court shall be final. All petitions shall be supported by an affidavit of one or more of the petitioners, or some one on their behalf, that the signatures on the petition represent a majority of the property owners of record of land in the territory described and a majority of the electors of the territory therein described. Petitions so verified shall be accepted as prima facie evidence of such facts. If the court finds that

(1)the annexation petition is not signed by the requisite number of electors or property owners of record; or

(2)that the described property is not contiguous to the annexing municipality; or

(3)that the description is materially defective; or

(4)that the petition or ordinance, as the case may be, is otherwise invalid, the court shall dismiss the petition or ordinance, as the case may be.

But if the court finds that the petition or ordinance, as the case may be, is valid, the court shall

(1)enter an order describing the territory to be annexed,

(2)find that the petition or ordinance, as the case may be, conforms to this Article, and

(3)direct that the question of annexation be submitted to the corporate authorities of the annexing municipality or to the electors of the unincorporated territory, as the case may be, for final action. A certified copy of the order of the court directing that the question of annexation be submitted to the corporate authorities shall be sent to the clerk of the annexing municipality.

Appeals shall lie from any final order of the court as in other civil actions.