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� ' , . , '� . <br /> 2g303'1�� <br /> , �� ��p <br /> �� � � s <br /> ` ' �..a <br /> ' IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL Cp�CUIT���.� � <br /> ��~� ���T W <br /> MACON COUNTY, ILLINOIS ;� Q'����M► o <br /> . .��� � �v <br /> '�.�s�alLl�t�ti� <br /> ANNEXATION 280 ACRES OF LAND ) <br /> TO THE CITY OF DECATUR, IL ) NO. 92-MC-13 <br /> FINDINGS OF FACT AND CONCLUSIONS OF LAW <br /> I <br /> The property conunonly known as the Baker property is not to be <br /> annexed. That portion of the Baker property which lies within the <br /> roadway, known as Oakland Avenue, Baker has no control over. He <br /> has, by virtue of the roadway, lost any dominion over that portion <br /> of the property. The law which requires annexation include all of <br /> the width of the roadway is reasonable, in that maintenance of half <br /> of a roadway by two adjoining municipalities would only cause <br /> confusion and unnecessary expense. It is a law of practical <br /> application. Since Baker controls no part of the property lying <br /> within the roadway, it is not therefore owned by him, in the sense <br /> that his consent is required for annexation. He and Mrs. Baker <br /> "own" that property only in the sense they have title, but can do <br /> nothing with it. They cannot, for example, erect a fence on it. <br />