(65 ILCS 5/2-2-7) (from Ch. 24, par. 2-2-7)
Sec. 2-2-7.
After the filing of the petition but not less than 5 days prior to the date
fixed for hearing, any person owning real property or residing within the
territory described in the petition or any other interested person may file
with the circuit clerk his objections (1) that the territory described in
the petition is not contiguous territory, (2) that the
territory or some portion thereof is already included within another municipality,
(3) that the territory has residing therein fewer than 7,500 residents and
some portion of the territory lies within 1 1/2 miles of the boundary line
of an existing
municipality which has not consented to the incorporation, (4) that the
territory exceeds 4 square miles, (5) that the petition is not signed by
the requisite number of electors, (6) that the requisite number of persons
do not reside within the territory described in the petition, (7) that the
description of the territory contained in the petition is inaccurate or
inadequate, or (8) that the incorporation adversely affects an existing
municipality, within 1 1/2 miles of the boundaries of the territory described
in the petition, with respect to its ability to perform and render necessary
governmental services.
The cause shall be heard without further pleadings. At the hearing
the objector may be heard in person or by counsel.
With respect to objection number (8) above, the objector shall have the
burden of proving the allegations of the objection. If, upon hearing such
objection, the court determines that the allegations have been sustained,
but that the objection can be overcome by modification of the boundaries
of the territory described in the petition, such petition shall not be dismissed,
but the petitioners shall be permitted to so modify the petition before prove-up.
If petitioners fail to prove the allegation of the petition, the petition
shall be dismissed, but if the petitioners prove the
allegations of the petition to be true the court shall enter an order
making findings of fact in accordance with the proof adduced. The order
shall also designate at which election the question of
incorporation shall be submitted.
(Source: P.A. 82-783.)
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