Boyd v. Ford

479 N.E.2d 337, 133 Ill. App. 3d 626, 88 Ill. Dec. 724, 1985 Ill. App. LEXIS 1999
Appellate Court of Illinois·Decided April 4, 1985·No. No. 5—83—0674·Published·Cited by 1 cases

Opinions

PRESIDING JUSTICE JONES

delivered the opinion of the court:

Petitioner appeals from an order of the trial court that affirmed a decision of the Wood River Township Electoral Board to dismiss a petition to call a referendum upon a proposition to discontinue the maintenance and operation of the Wood River Township Hospital.

On December 7, 1982, petitions signed by 2,463 persons purporting to be voters of Wood River Township were filed with the town clerk of Wood River Township, Madison County. The petitions recited that “We, the undersigned voters of Wood River Township pursuant to chapter 139, Section 160.3 of the Illinois Revised Statutes, do hereby request that a referendum be held to submit the proposition to discontinue the maintenance and operation of the Wood River Township Hospital.” The petitioners designated H. C. Boyd as their attorney in fact, and no issue is raised concerning the sufficiency of the petitions or the number of signatures they contain. In this opinion we refer to H. C. Boyd and the signers of the petition as Boyd, or petitioner or appellant.

The electoral board of the township, comprised of the township supervisor, the town clerk and a town trustee, set a hearing on the objection for December 18, 1983, and gave the appropriate notice. Objection to the petitions was filed by one George Myers on December 13, 1982. The basis of the objection was that the hospital was organized pursuant to the authority of sections 1 through 11 of the township hospital act (Ill. Rev. Stat. 1945, ch. 139, pars. 160.6 through 160.16), and the legislature did not provide, and has not provided, a means or method whereby the voters of a town may seek a referendum to discontinue a hospital organized under that act. The objection continued by asserting that the petition to which objection was made sought to proceed under the authority of section 3 of “An Act to authorize townships to levy a tax for the purpose of maintaining and operating public non-sectarian hospitals” (Ill. Rev. Stat. 1981, ch. 139, par. 160.3), which is inapplicable to the Wood River Township Hospital and, accordingly, unavailable to petitioners to secure the referendum on discontinuance.

The hearing was held as scheduled. The petitioner did not appear; the objector did, in person and by attorney. Following evidence and argument, the electoral board, by a two-to-one vote, sustained the objection by a written order. The basis of the board’s decision was that the referendum procedure provided in section 3 (111. Rev. Stat. 1981, ch. 139, par. 160.3) was inapplicable to Wood River Township Hospital and was, accordingly, unavailable to petitioner.

Petitioners, through H. C. Boyd, filed a petition for review of the order of the electoral board in the circuit court on December 27, 1982, pursuant to section 10 — 10.1 of the Election Code (Ill. Rev. Stat. 1981, ch. 46, par. 10 — 10.1). We note that both petitioner and respondents have treated the objections and the procedures thereon as being conducted pursuant to section 10 — 10.1 of the Election Code (Ill. Rev. Stat. 1981, ch. 46, par. 10 — 10.1). Since the petition for referendum sought to present a public question to a referendum, objections and proceedings thereon would appear to be governed by section 28 — 4 of the Election Code (Ill. Rev. Stat. 1981, ch. 46, par. 28 — 4). In essence, the petition for review asserted that since section 3 was passed seven days after section 1 of “An Act authorizing any town *** to establish *** a public hospital *** (Ill. Rev. Stat. 1981, ch. 139, par. 160.6), “the Legislature, basing their decision on the title of Section 160.3, ‘Petition and Election for Discontinuance’, [sic] would have fairly concluded that such a title would have applied to both types of hospital encompassed within the one act, ‘Hospitals’, [sic] which was from Section 160.1 through 160.16 ***.”

A hearing was held on the petition for review on August 17, 1983. Petitioner Boyd was present with counsel; the respondents and the objector were each represented by separate counsel. No issue was raised by any of the parties regarding the nature of the hearing in the circuit court. Without objection, the court received exhibits into evidence consisting of certified copies of three acts of the legislature and a letter from one of the editors of West Publishing Company. Arguments were presented, and, at their conclusion, the court announced its decision orally and followed this with a written order filed on September 9, 1983. The circuit court affirmed the order of the electoral board. Petitioner Boyd, for himself and on behalf of the 2,463 signatories of the petition, appeals from the circuit court’s order.

We must initially consider an issue raised by the appellees in a motion to dismiss the appeal, which we elected to consider with the merits of the case. In their motion the appellees argue that this court has no jurisdiction to consider this appeal because decisions of a circuit court in reviewing orders of an electoral board are final under section 10 — 10.1 of the Election Code (Ill. Rev. Stat. 1981, ch. 46, par. 10 — 10.1) and may not be further appealed to the appellate or supreme court. Appellees cite two decisions of this court wherein we expressly so held, Petterson v. Seoville (1980), 83 Ill. App. 3d 746, 404 N.E.2d 795, and Lawrence v. Board of Election Commissioners (1977), 45 Ill. App. 3d 776, 360 N.E.2d 168.

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Boyd v. Ford, 479 N.E.2d 337, 133 Ill. App. 3d 626, 88 Ill. Dec. 724, 1985 Ill. App. LEXIS 1999 (Ill. Ct. App. 1985).

479 N.E.2d 337 (Boyd v. Ford) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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