Board of Education of Community High School District No. 94 v. Regional Board of School Trustees of Du Page County

613 N.E.2d 754, 242 Ill. App. 3d 229, 184 Ill. Dec. 437, 1993 Ill. App. LEXIS 341
CourtAppellate Court of Illinois
DecidedMarch 17, 1993
Docket2-91-1361
StatusPublished
Cited by9 cases

This text of 613 N.E.2d 754 (Board of Education of Community High School District No. 94 v. Regional Board of School Trustees of Du Page County) 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
Board of Education of Community High School District No. 94 v. Regional Board of School Trustees of Du Page County, 613 N.E.2d 754, 242 Ill. App. 3d 229, 184 Ill. Dec. 437, 1993 Ill. App. LEXIS 341 (Ill. Ct. App. 1993).

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

Defendant Regional Board of School Trustees of Du Page County (Regional Board or Board) granted a petition to change school district boundaries. Plaintiffs, West Chicago Elementary School District 33 and Community High School District No. 94 (collectively, respondent school districts or school districts), sought administrative review of the Board’s order granting the petition. The circuit court of Du Page County ultimately entered an order reversing the decision of the Regional Board. The Board and defendant petitioners now appeal from that order.

Petitioners reside in the Fox Hollow subdivision, which lies in the City of Warrenville. Of the 190 single-family homes in the subdivision, 157 are locatéd in school districts No. 33 and No. 94, and 33 homes are located in Community Unit School District No. 200. The specific area where petitioners live is situated along a portion of the southern border of the respondent school districts, between the Elgin, Joliet and Eastern Railroad tracks and Route 59. District No. 200 lies immediately adjacent, to the south. The area is bordered on the west and northwest, beyond the railroad tracks, by Fermi National Accelerator Laboratory (Fermilab). To the north it is bordered by Blackwell Forest Preserve, and on the east by single-family homes and Route 59. The area is served by the West Chicago Fire Protection District and, at least in part, by the West Chicago Park District.

Petitioners filed a petition with the regional superintendent of schools seeking to detach their property (petitioning territory) from District No. 94 and District No. 33 and to annex the area to District No. 200, which is often referred to as the Wheaton-Warrenville District. Pursuant to section 7 — 6 of the School Code (111. Rev. Stat. 1989, ch. 122, par. 7 — 6), the petition designated a committee of 10 as attomey-in-faet for the 190 Fox Hollow residents who executed the petition.

On February 5, 1990, the Regional Board commenced an administrative hearing. Petitioners presented evidence in support of the petition while Districts No. 33 and No. 94 objected and offered evidence in opposition to it. In all, during the seven-month period of the hearing, 39 witnesses testified and more than 50 exhibits were presented. On October 1, 1990, the Board voted five to one to grant the petition. The respondent school districts then filed a complaint for administrative review.

On January 2, 1991, the Regional Board filed a motion in the trial court to strike and/or dismiss certain portions of the respondent school districts’ complaint in administrative review. The school districts parried with a motion to strike the Regional Board’s motion, alleging essentially that the Board lacked standing to appear and defend its decision in the administrative review proceedings. Following a hearing, the trial court held that the Regional Board was without authority to defend its position. Accordingly, the court entered an order striking the Board’s motion and barring the Board from participating in the administrative review proceedings except as required by the Administrative Review Law.

On November 1, 1991, the trial court reversed the order granting the detachment and annexation petition on the ground that the Board’s decision was against the manifest weight of the evidence. Petitioners brought this timely appeal. The Regional Board joined the petitioners’ appeal and also filed a separate appeal from the trial court’s order barring it from the administrative review proceedings. The respondent school districts filed a cross-appeal.

The school districts’ first contention on cross-appeal is that the Regional Board lost jurisdiction to hear the petition when a member of the committee of 10 moved out of the petitioning territory. Section 7 — 6 of the School Code provides:

“When a petition contains more than 10 signatures the petition shall designate a committee of 10 of the petitioners as attorney in fact for all petitioners ***.” (111. Rev. Stat. 1989, ch. 122, par. 7 — 6.)

Plaintiffs urge that the statute imposed jurisdictional limits which precluded the Board from deciding a case when the committee membership fell below the statutory number. This argument cannot be sustained.

The number of signatures of registered voters called for by the statute on a detachment petition is a jurisdictional requirement. (See Board of Education of Avoca School District No. 37 v. Regional Board of School Trustees (1980), 82 Ill. App. 3d 1067, 1070.) We have held that the initial statutory requirement that there actually be 10 members on a committee of 10 is jurisdictional also. In Betts v. Regional Board of School Trustees (1986), 151 Ill. App. 3d 465, 467-68, a case relied upon by the respondent school districts, we determined that the regional board never acquired jurisdiction because one member of the committee had not signed the petition. However, contrary to plaintiffs’ argument, nowhere in Betts did we find that the committee was required to remain totally intact throughout the pendency of the proceedings on the petition.

Plaintiffs argue, by analogy, that Avoca requires a finding that the Regional Board lost jurisdiction. The Avoca court observed that the requirement for signatures of two-thirds of the voters of the petition area applies both at the time a regional board first takes a petition under consideration and at the time of final action on the petition. However, the Avoca court’s determination is well supported by the implication in the statute that jurisdiction remains only so long as the petition is consented to by two-thirds of the voters in the petitioning territory. For example, section 7 — 6 allows for amendment of a petition provided the petition, after amendment, still complies with the signature requirement of the original petition. No comparable requirement is imposed on the committee of 10 upon amendment of the petition.

Section 11A — 3 of the School Code, which provides for the designation of a committee of 10 in a petition to form a unit school district (111. Rev. Stat. 1989, ch. 122, par. 11A — 3), is instructive in regard to this question. That section contains a definition of a vacancy on a committee of 10 and a mechanism for filling such a vacancy. The legislature did not include any such definition or mechanism in section 7— 6. However, the very provision of a method for dealing with the situation indicates legislative recognition that vacancies can and will occur on committees of 10 and that, at least in the context of section 11 A— 3, perfect maintenance of such a committee is not a jurisdictional requirement. Absent any language in section 7 — 6 to indicate otherwise, section 11A — 3 is persuasive that loss of a committee of 10 member in a section 7 — 6 proceeding is not tantamount to loss of jurisdiction.

Depending on the size and nature of the detachment area in a given case, there could be an unwieldy number of petitioners if all of them were expected to act as a committee of the whole on all issues. However, the statute indicates that the committee of 10 may make stipulations binding on all petitioners as to any questions regarding the petition or hearing. It appears the legislature recognized that, when more than 10 petitioners are involved, they need to be able to act through representatives.

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Bluebook (online)
613 N.E.2d 754, 242 Ill. App. 3d 229, 184 Ill. Dec. 437, 1993 Ill. App. LEXIS 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-of-community-high-school-district-no-94-v-regional-illappct-1993.