Elementary School District 159 v. Schiller

849 N.E.2d 349, 221 Ill. 2d 130, 302 Ill. Dec. 557, 2006 Ill. LEXIS 614
CourtIllinois Supreme Court
DecidedApril 20, 2006
Docket100947
StatusPublished
Cited by134 cases

This text of 849 N.E.2d 349 (Elementary School District 159 v. Schiller) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elementary School District 159 v. Schiller, 849 N.E.2d 349, 221 Ill. 2d 130, 302 Ill. Dec. 557, 2006 Ill. LEXIS 614 (Ill. 2006).

Opinion

JUSTICE FITZGERALD

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Freeman, McMorrow, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

OPINION

Pursuant to section 7 — 2c of the School Code (105 ILCS 5/7 — 2c (West 1998)), defendant Howard G. Ohlhausen (Ohlhausen) petitioned the State Superintendent of Education to detach his parcel of vacant farmland property from the existing school districts associated with Rich Township and annex it to adjoining school districts associated with the Village of Frankfort. The issue before us is whether Ohlhausen’s petitions comply with section 7 — 2c, and, if so, whether section 7 — 2c constitutes unconstitutional special legislation in violation of article IV section 13, of the Illinois Constitution of 1970 (Ill. Const. 1970, art. TV § 13). The circuit court of Cook County found that the petition did not comply with section 7 — 2c and additionally found that section 7 — 2c constituted special legislation. For the reasons which follow, we reverse.

BACKGROUND

Ohlhausen, as successor trustee of the Else S. Emoff Living Trust, owned a parcel of land on the southwest edge of Cook County, Illinois (hereinafter, the property). The record reveals that the property is 140 acres of vacant farmland, and had been located in an unincorporated area in Rich Township, Cook County. It is surrounded on the north, east, and south by similarly vacant farmland properties. The nearest development to the north and east in the towns of Matteson and Richton Park, Illinois, is several miles away. However, the west side of the property is bounded by Harlem Avenue, and immediately across Harlem Avenue is the Village of Frankfort, in Will County. Well-developed residential subdivisions known as Southwick and Prestwick border Harlem Avenue in Frankfort, and thus adjoin the property. A petition for annexation of the property was filed and pending with the Village of Frankfort as of August 17, 1997.

The property is located within Matteson Elementary School District 159 and Rich Township High School District 227. Students residing in Frankfort do not attend the Matteson and Richton Park schools. Instead, Frankfort’s public high school students attend Lincoln Way Community High School District 210, while Frankfort’s elementary students attend either Frankfort School District 157-C, or another district serving Frankfort children.

The record contains a December 9, 1996, letter which demonstrates Ohlhausen’s plans as to the property. In the letter, Ohlhausen states to a representative of District 157-C:

“Central to our planning and the success of the project is that the parcel be annexed to Frankfort 157C School District; whose excellent reputation would help support the sale of the upscale community envisaged for the parcel. [The village Administrator of Frankfort] conveyed support for our project, and expressed his opinions that (a) the property was in the buffer zone between Frankfort and Richton Park, (b) that it was very close to the Frankfort schools, (c) and that it might already be within both the Frankfort Library District and the Frankfort Fire District. We believe the property currently falls within the Richton Park School District, and that the development of such a community so far from their schools, would materially limit its success and set it apart as an ‘island’ community.”

Section 7 — 2c was offered by Senator Petka as an amendment to House Bill 574. According to the May 15, 1997, Senate debates, along with another matter dealing with the annexation of school districts, the bill “provides a mechanism for a small portion of vacant land to be annexed to a neighboring municipality; takes care of a local concern in Will County.” 90th Ill. Gen. Assem., Senate Proceedings, May 15, 1997, at 10 (statements of Senator Petka). The bill was to “solve a couple of school district issues *** also for a school district in Will County.” 90th Ill. Gen. Assem., Senate Proceedings, May 16, 1997, at 57-58 (statements of Senator Petka). On May 23, 1997, the legislature passed House Bill 574 as Public Act 90— 459, which became effective on August 17, 1997.

Accordingly, the Act provides, in pertinent part:

“Notwithstanding any other provision of this Code, any contiguous portion of an elementary school district may be detached from that district and annexed to an adjoining elementary school district, and any contiguous portion of a high school district may he detached from that district and annexed to an adjoining high school district, upon a petition or petitions filed under this Section, when all of the following conditions are met with respect to each petition so filed:

(1) The portion of the district to be so detached and annexed to an adjoining elementary or high school district consists of not more than 160 acres of vacant land that is located in an unincorporated area of a county of 2,000,000 or more inhabitants and, on the effective date of this amendatory Act of 1997, is contiguous to one municipality that is (i) wholly outside the elementary or high school district from which the vacant land is to he detached and (ii) located entirely within the territorial boundaries of the adjoining elementary or high school district to which the vacant land is to be annexed.

(2) The equalized assessed valuation of the taxable property located in the portion of the district that is to be so detached and annexed to the adjoining elementary or high school district constitutes less than 1% of the equalized assessed valuation of the taxable property of the district from which it is to he detached.

(3) The portion of the district to he so detached and annexed to the adjoining elementary or high school district is annexed to the contiguous municipality pursuant to a petition for annexation filed and pending with the annexing municipality upon the effective date of this amendatory Act.” 105 ILCS 5/7 — 2c (West 1998).

The property was annexed to the Village of Frankfort on December 15, 1997. Thereafter, on June 2, 1998, Ohlhausen petitioned the State Superintendent of Education, pursuant to section 7 — 2c, to detach the property from the Cook County elementary and high school districts, and to annex the property to the adjacent Will County school districts. Ohlhausen filed two petitions: one for the elementary school districts, and one for the high school districts.

The Superintendent, through his hearing officer, convened an administrative hearing on the Ohlhausen petitions on September 10, 1998. Much of the evidence relating to the specific requirements of section 7 — 2c was stipulated.

As to section 7 — 2c(l) of the Act, the evidence demonstrated that the property is vacant and less than 160 acres. On August 17, 1997, the effective date of the Act, the property was located in an unincorporated area in a county of 2 million or more inhabitants. On the date the petition was filed, June 2, 1998, the property had been incorporated into the Village of Frankfort.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Teppel v. Board of Trustees of the Bolingbrook Police Pension Fund
2025 IL App (3d) 240248 (Appellate Court of Illinois, 2025)
Bean v. State Universities Civil Service System
2024 IL App (1st) 220751-U (Appellate Court of Illinois, 2024)
Dana v. Great Northern Insurance Co.
2024 IL App (1st) 230224 (Appellate Court of Illinois, 2024)
In re D.F.
2024 IL App (1st) 231784 (Appellate Court of Illinois, 2024)
American Aviation Supply v. Illinois Department of Revenue
2024 IL App (1st) 230072 (Appellate Court of Illinois, 2024)
People v. Smith
2023 IL App (4th) 230836-U (Appellate Court of Illinois, 2023)
Mitchell v. The Illinois Department of Children and Family Services
2023 IL App (1st) 220756-U (Appellate Court of Illinois, 2023)
Salcedo v. Retirement Board of the Policemen's Annuity & Benefit Fund of Chicago
2023 IL App (1st) 220728 (Appellate Court of Illinois, 2023)
Ilevbare v. Department of Children and Family Services
2021 IL App (1st) 200907-U (Appellate Court of Illinois, 2021)
People v. Busch
2020 IL App (2d) 180229 (Appellate Court of Illinois, 2020)
Matteo Construction Co. v. Teckler Blvd Development Site, LLC
2020 IL App (2d) 190766 (Appellate Court of Illinois, 2020)
In re K.M.
2020 IL App (1st) 182229-U (Appellate Court of Illinois, 2020)
People v. Salamon
2019 IL App (1st) 160986-U (Appellate Court of Illinois, 2019)
Rivera v. Commonwealth Edison Co.
2019 IL App (1st) 182676 (Appellate Court of Illinois, 2019)
In re Estate of Ivy
2019 IL App (1st) 181691 (Appellate Court of Illinois, 2019)
In re Marriage of Peck
2019 IL App (2d) 180598 (Appellate Court of Illinois, 2019)
Oswald v. Hamer
2018 IL 122203 (Illinois Supreme Court, 2019)
Plowman v. Department of Children & Family Services
2017 IL App (1st) 160860 (Appellate Court of Illinois, 2017)
Palmer v. Mellen
2017 IL App (3d) 160022 (Appellate Court of Illinois, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
849 N.E.2d 349, 221 Ill. 2d 130, 302 Ill. Dec. 557, 2006 Ill. LEXIS 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elementary-school-district-159-v-schiller-ill-2006.