Brown v. Johnson

839 N.E.2d 634, 362 Ill. App. 3d 413, 298 Ill. Dec. 311
CourtAppellate Court of Illinois
DecidedNovember 17, 2005
Docket1-04-3014
StatusPublished
Cited by2 cases

This text of 839 N.E.2d 634 (Brown v. Johnson) 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
Brown v. Johnson, 839 N.E.2d 634, 362 Ill. App. 3d 413, 298 Ill. Dec. 311 (Ill. Ct. App. 2005).

Opinion

JUSTICE GREIMAN

delivered the opinion of the court:

Plaintiffs-counterdefendants Roxanne Brown, Erika Orozco and Charles Baxter (collectively, plaintiffs) brought suit against defendantscounterplaintiffs Jeannette Johnson, John Wicks, Tommy Miller, Antoinette Dorris, Emanuel Welch and the Board of Education of Bell-wood School District Number 88 (individually, the Board) (collectively, defendants) alleging that defendants violated constitutional and common law when they found that neither Brown nor Orozco lived in District 88 and declared that Brown’s and Orozco’s positions as members of the Board had been vacated, and seeking declaratory and injunctive relief. Defendants filed a counterclaim for declaratory judgement that the Board was entitled to find that facts existed that gave rise to vacancies on the Board and to fill the vacancies. Robert Ingraffia, in his official capacity as the superintendent of educational services for the region of suburban Cook County, intervened on behalf of plaintiffs. The trial court granted defendants’ counterclaim and further found no just reason to delay enforcement or appeal of its order. Plaintiffs and Ingraffia appealed. Plaintiffs dismissed their appeal. On appeal, Ingraffia contends that the trial court erred in finding that the Board was entitled to determine whether facts existed giving rise to vacancies.

On March 15, 2004, plaintiffs filed their complaint in which they alleged that Brown and Orozco were each elected members of the Board and that each permanently resided within the boundaries of District 88. Baxter was a taxpayer and resident of Cook County. Defendants Johnson, Wicks, Miller and Dorris were also Board members. Defendant Welch was the Board’s attorney. Plaintiffs alleged that on March 4, 2004, Wicks telephoned Orozco and informed her that she had until the end of the day to resign her position on the Board. At the March 8, 2004, Board meeting, a closed session was called. During the closed session, Welch distributed an opinion letter he had written to Johnson. In the letter, Welch explained that Wicks had received a package containing documents that purportedly showed that Brown and Orozco were not residents of District 88. Welch had examined the allegations that Brown and Orozco were not residents and had concluded that Brown and Orozco had vacated their seats on the Board. In their complaint, Brown and Orozco claimed to have first learned of the allegations during the March 8, 2004, closed session. Brown and Orozco were asked to respond to the allegations contained in the letter. Instead, they expressed their opinion that the closed session was illegal and indicated that they wished to speak with their attorneys before responding to the allegations. Brown and Orozco were not permitted to consult their attorneys. Thereafter, the public session was reconvened and Johnson, Wicks, Dorris and Miller voted in favor of declaring Brown’s and Orozco’s seats on the Board vacant. During the public session, Baxter asked permission to address the Board on a “matter of public concern” but his request was refused.

Plaintiffs’ complaint alleged that the defendants had violated Brown’s and Orozco’s due process rights; had conspired to deprive Brown and Orozco of equal protection, privileges and immunities guaranteed by the United States Constitution; had violated Brown’s, Orozco’s, and Baxter’s freedom of speech; and had intentionally inflicted emotional distress on Brown and Orozco. The complaint further asked that the court enter declaratory judgment that the Board did not have the authority to declare vacancies and that Brown and Orozco were members in good standing; direct defendants to recognize Brown and Orozco as members in good standing; and enter an order prohibiting defendants from filling the alleged vacancies.

The trial court found that Brown’s and Orozco’s due process rights had been violated and entered a preliminary injunction preventing defendants from removing Brown and Orozco from the Board. According to the parties’ attorneys’ statements during oral arguments, Brown and Orozco were permitted to serve the remainder of their terms as Board members and were not reelected to these positions.

Defendants filed a counterclaim for declaratory judgment, asking the court to declare that pursuant to the School Code (105 ILCS 5/1 — 1 et seq. (West 2004)) and the Election Code (10 ILCS 5/1 — 1 et seq. (West 2004)), the Board was the entity authorized to determine whether the facts that give rise to vacancies on the Board existed and the Board was the entity authorized to appoint replacements to vacant positions.

Ingraffia filed a petition to intervene, which was granted, and an answer to defendants’ counterclaim for declaratory judgment. Each party submitted a memorandum of law on the issues raised in defendants’ counterclaim.

Following a hearing on the counterclaim, on May 12, 2004, the trial court entered judgment in favor of defendants, finding that “[t]he intent of the legislature is clear; it is the Board who has the authority to fill a vacancy and the Board who determines the facts that give rise to a vacancy.” On August 26, 2004, the court granted Ingraffia’s and plaintiffs’ motions for a Supreme Court Rule 304(a) finding and found no just reason to delay enforcement or appeal of its May 12, 2004, order. 155 Ill. 2d R. 304(a). Ingraffia and plaintiffs appealed. Upon plaintiffs’ own motion, their appeal was dismissed.

On appeal, Ingraffia contends that the trial court misinterpreted the School Code and the Election Code in finding that the Board was entitled to determine whether facts existed that gave rise to a vacancy. Instead, Ingraffia suggests, the regional superintendent is the only party authorized to make such a determination.

At the outset, we note that, though the parties did not raise the issue of mootness in their briefs, the issue was addressed during oral arguments. Both parties conceded, and we agree, that the issue raised in this appeal is moot because the trial court found that Brown’s and Orozco’s due process rights were violated and enjoined the Board from declaring their seats on the Board vacant. The injunction remained in place while Brown and Orozco served the remainders of their elected terms on the Board. See People ex rel. Hartigan v. Illinois Commerce Comm’n, 131 Ill. App. 3d 376, 378 (1985) (“[a]n issue is moot where no actual rights or interests of the parties remain or where events occur which render it impossible for the reviewing court to grant effectual relief to either party”). Nonetheless, Ingraffia urges us to consider the issue because it involves a substantial public interest.

A court may resolve an otherwise moot issue if the issue involves a substantial public interest. Bonaguro v. County Officers Electoral Board, 158 Ill. 2d 391, 395 (1994). In order to fall into the public interest exception, (1) the question must be of a public nature; (2) an authoritative determination of the question must be desirable for the purpose of guiding public officers; and (3) the question must be likely to recur. Bonaguro, 158 Ill. 2d at 395. All three factors must be clearly shown in order for an issue to fall into the public interest exception to mootness. Kohan v. Rimland School for Autistic Children, 102 Ill. App. 3d 524, 527 (1981).

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Bluebook (online)
839 N.E.2d 634, 362 Ill. App. 3d 413, 298 Ill. Dec. 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-johnson-illappct-2005.