Bd. of Educ. of Wapella Community Unit Sch. Dist. v. Reg. Bd., Sch. Trustees

614 N.E.2d 1383, 245 Ill. App. 3d 776, 185 Ill. Dec. 698
CourtAppellate Court of Illinois
DecidedJune 24, 1993
Docket4-93-0163
StatusPublished
Cited by9 cases

This text of 614 N.E.2d 1383 (Bd. of Educ. of Wapella Community Unit Sch. Dist. v. Reg. Bd., Sch. Trustees) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bd. of Educ. of Wapella Community Unit Sch. Dist. v. Reg. Bd., Sch. Trustees, 614 N.E.2d 1383, 245 Ill. App. 3d 776, 185 Ill. Dec. 698 (Ill. Ct. App. 1993).

Opinion

JUSTICE GREEN

delivered the opinion of the court:

Section 7 — 2a(b) of the School Code (Code) provides that a “school district with a population of less than 5,000 residents shall be dissolved and its territory annexed as provided in Section 7 — 11 by the regional board of school trustees upon the filing with [that board] of *** or a petition signed by a majority of the registered voters of the district.” (Emphasis added.) (105 ILCS 5/7 — 2a(b) (West 1992).) Section 7 — 11 of the Code provides for the regional board of school trustees to hold a hearing, upon notice, for determination of the district or districts to which the land of the “dissolved district” shall be attached. (105 ILCS 5/7 — 11 (West 1992).) Section 7 — 2a(b) of the Code also provides for dissolution upon the filing of a request for dissolution presented by the governing board of the school district to be dissolved.

On September 1, 1992, a group of petitioners filed a petition with the Regional Board of School Trustees of McLean-De Witt Counties (Regional Board) seeking dissolution of School District No. 5 of Wapella (Wapella). The petition requested that the territory be annexed “to one or more school districts to be determined by [the Regional Board]” and stated that the petitioners preferred that all such territory be annexed to Clinton Community Unit School District No. 15, De Witt, Macon, and Logan Counties (Clinton). The petition also set forth the names of 10 petitioners designated by the petitioners as a committee to act as attorney in fact for all of the petitioners as required by section 7 — 6(c) of the Code (105 ILCS 5/ 7 — 6(c) (West 1992)) when a petition of the nature here has more than 10 petitioners. The petition indicated that it was signed by 464 registered voters of Wapella, which constituted a majority of the voters residing in that district.

On September 9, 1992, various individuals filed an objection to the petition for dissolution challenging, in various ways, the validity of 109 signatures to the petition and other aspects of the petition. The objectors contended that enough signatures on the petition were invalidated as to leave fewer valid signatures than that which constituted a majority of the registered voters of the district. The objectors also maintained that the entire petition was invalid because of improper binding and numbering. On November 2, 1992, 51 people purporting to be signers of that petition filed a request with the Regional Board to withdraw their names from the petition for dissolution. On November 4, a motion to strike the request for withdrawal was filed.

The Regional Board held a hearing on November 5, 1992. The evidence at that hearing was entirely directed to the question of the district to which the Wapella territory should be annexed. The Regional Board did recite various steps which had been taken to check on the validity of the petition for dissolution and the signatures to that petition. However, the Regional Board denied a request of objectors to the petition to be heard on their objections. On November 13, 1992, the Regional Board entered an order finding the petition for dissolution was legally sufficient, and the academic interests of Wapella pupils would best be served by annexation to Clinton. Express ruling was not made as to the request to withdraw names nor as to the motion to strike that request.

Various objectors to the petition and those seeking to withdraw their names from the petition took administrative review of the November 13, 1992, order to the circuit court of De Witt County, which affirmed. On appeal to this court, contentions are made that (1) the request for withdrawal of signatures was timely and should have been allowed; and (2) the Regional Board should have allowed the objectors to the petition for dissolution to be heard at the November 5, 1992, hearing or at some other hearing. Those who took administrative review also maintain that the decision to annex the Wapella territory to Clinton was contrary to the manifest weight of the evidence.

We have heard this appeal on an expedited basis because of the need of the school districts involved and their personnel to make immediate plans. We ordered an accelerated briefing schedule and we now shape the procedural aspects of our decision with the need for a speedy resolution of this dispute in mind. We conclude that the request to withdraw signatures was ineffective and that the Regional Board’s determination to have the entire territory of Wapella annexed to Clinton was not contrary to the manifest weight of the evidence. However, although section 7 — 2a(b) of the Code makes no express provision for a hearing upon objections to the petition, we hold that the Regional Board should have permitted the objectors to be heard. Accordingly, we will remand to the Regional Board to conduct such a hearing. Our ultimate decision will turn on that issue.

The question of the efficacy of the petition to withdraw signatures from the petition and the question of the procedure to determine the validity of the objections to the petition are closely related. We begin by discussing the timeliness of the request to withdraw signatures. The Code contains no express provision as to when such requests to withdraw signatures can be made. The theory that the request here was timely begins with the case of Littell v. Board of Supervisors (1902), 198 Ill. 205, 65 N.E. 78, which concerned the withdrawal of signatures from a petition presented to the governing board of a county seeking to create a new civil township. There, as here, a statute provided action which affected the existence of a governmental unit upon a petition signed by a certain percentage of the registered voters in the area involved.

In Littell, a statute required the county board to create a new township if three-fourths of the registered voters in a territory meeting certain requirements so petitioned. However, unlike here, before acting on the petition, the county board was required to give notice by posting and publication of a date upon which final action would be taken on the petition. Before that date, enough petitioners requested leave to withdraw that, if allowed, this would have negated the existence of a three-fourths majority. Upon the county board’s refusal to create the township, proponents sought a writ of mandamus. The supreme court affirmed a dismissal of that request by the circuit court.

The Littell court concluded that “the act of signing such petitions is not an irrevocable act, and that it may be revoked at any time before the jurisdiction of the body authorized to act has been determined by it.” (Emphasis added.) (Littell, 198 Ill. at 208, 65 N.E. at 79.) The Littell court noted with approval several out-of-State cases which held that petitioners had a right to withdraw their signatures from a petition up until the time final action is taken on the petition. In support of its decision that the county board was not subject to issuance of a writ of mandamus to create the township, the court stated:

“If all the petitioners had sought to dismiss the petition at any time before final action by the county board it would scarcely be claimed that they would not have had the right to do so.

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Bluebook (online)
614 N.E.2d 1383, 245 Ill. App. 3d 776, 185 Ill. Dec. 698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bd-of-educ-of-wapella-community-unit-sch-dist-v-reg-bd-sch-illappct-1993.