First National Bank v. West Aurora School District 129

558 N.E.2d 686, 200 Ill. App. 3d 210, 146 Ill. Dec. 723, 1990 Ill. App. LEXIS 1104
CourtAppellate Court of Illinois
DecidedJuly 27, 1990
DocketNo. 2—89—1213
StatusPublished
Cited by4 cases

This text of 558 N.E.2d 686 (First National Bank v. West Aurora School District 129) 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
First National Bank v. West Aurora School District 129, 558 N.E.2d 686, 200 Ill. App. 3d 210, 146 Ill. Dec. 723, 1990 Ill. App. LEXIS 1104 (Ill. Ct. App. 1990).

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

Petitioner, owner in trust of a large tract of land, filed a petition with the Regional Board of School Trustees of the Kane County Educational Service Region (Regional Board) seeking to detach its property from West Aurora School District 129 (West Aurora) and to annex the property to Batavia School District 101 (Batavia). The West Aurora Board of Education opposed the detachment. The Regional Board conducted a hearing and denied the petition. Petitioner then appealed to the circuit court of Kane County for administrative review. The circuit court found that the findings and decision of the Regional Board were against the manifest weight of the evidence and reversed the decision of the Regional Board. West Aurora now appeals the decision of the circuit court. We reverse the trial court and affirm the Regional Board.

The property in question is 42 acres of a 70-acre tract of vacant farmland located in the most northeasterly corner of West Aurora’s district. The remaining 28 acres of the tract, not in issue here, are located within the boundaries of Batavia School District. The property has not been annexed to either the Village of North Aurora or the City of Batavia. However, the parties stipulated that the parcel is located within the Batavia park district, library district, and township and is serviced by the Batavia post office and fire protection district. The land is also within the facility planning area of the City of Batavia for sewer services, although no sewer work had been done as of the time of the court proceedings. Stephen Lane, one of the beneficial owners of the property, testified that, while the tract was currently vacant, the beneficial owners wished to subdivide the 70 acres. This development would include approximately 95 homesites on the 42-acre tract in question. At the hearing before the Board, no evidence of the configuration of the subdivision was introduced.

The parties stipulated to several pertinent matters, including (1) both school districts furnish quality education at all levels; (2) if detachment were granted, both districts would still meet State standards of recognition; (3) an intergovernmental agreement between Batavia District 101 and the Batavia park district existed, calling for sharing of facilities; (4) an intergovernmental agreement existed between West Aurora District 129 and the Fox Valley park district, calling for sharing of facilities; (5) distances from the property to schools in the two districts:

District 129 District 101

High School West High — 6.7 miles Batavia High — 3.1 miles

Middle School Washington — 8.1 miles Batavia Jr., High — 2.2 mi.

6th Grade Center — McWayne School — 2.3 miles

Elementary Schneider — 1.8 miles by existing roads, but parties disagree on effect of development on this distance J.B. Nelson — 1.6 miles

(6) the assessed valuation of the property was $7,857, representing .0000227 of District 129’s total assessed valuation and amounting to property taxes payable in 1988 of $301.12; and (7) if a change in boundaries was granted, both districts would have adequate populations and assessed valuations to fulfill statutory requirements.

The Board heard testimony from witnesses for both parties. Stephen Lane, one of the beneficial owners of the property, testified as to the intent to subdivide the property. In Lane’s opinion, the subdivision would be adversely affected if the property were developed in two school districts. He also stated, as part owner of the property, his personal desire to have the whole site within Batavia’s school boundaries.

John Carlson, a licensed real estate broker, also testified for petitioners. Carlson testified that houses in Batavia sold for $10,000— $15,000 more than comparable houses in North Aurora. In addition, he stated that comparable homes in North Aurora sold easier than homes in Batavia.

Dr. Keith Getschman presented expert testimony on behalf of the petitioners. Dr. Getschman opined that, if the entire 70-acre tract were to be developed as one subdivision, the best interests of future students living in the subdivision would be served by including the entire subdivision in one school district. However, he testified that the choice to develop the 70 acres as one subdivision was a choice to be made by the developer. The loss of approximately $300 in taxes to West Aurora if the boundary change were granted would be negligible, according to Getschman.

Michael Wild, an elected member of the Batavia park board, also testified for petitioner. Wild detailed the cooperation between the park district and the Batavia school district, including the sharing of facilities, equipment and instructors. Wild also testified to the proximity of school, park, and library facilities in Batavia.

West Aurora presented the testimony of Michael Pehan, assistant superintendent of business for the district. Pehan related that the future development of the property was considered when the district planned the location of the elementary school that would serve the property. Pehan also testified that, while the district was currently taxing at its maximum rate, the loss of $300 in taxes from the property would not be detrimental to the district. In addition, Pehan testified that the West Aurora district served a number of communities outside of Aurora, including North Aurora, Batavia Township and Sugar Grove Township. Pehan also related that West Aurora had an agreement with the Fox Valley park district similar to that between the Batavia school and park districts.

Dr. Robert English provided expert testimony for West Aurora. English opined that persons moving into the property in question would not have a preassociation with either Batavia or North Aurora. English also testified that, if the property were not detached, students would spend longer periods of time on buses and drive longer distances than if the parcel were detached.

Following the introduction of the evidence, the Regional Board denied the petition, finding as follows:

“1. Because there are no inhabitants on the property, it is difficult to assess the impact of this boundary change for future students.
2. It would appear from the testimony that the reason for the request for this change was a concern of the developer for higher property values rather than the welfare of the students.
3. From the testimony, there was. no clear community of interest established with either Batavia or West Aurora.
4. The West Aurora District (129) testified that the boundary change would be harmful to their planning of student growth around Schneider Elementary School, and thus harmful to the students involved.
In summary, after having heard the testimony, there seems to be no compelling evidence that the future students would benefit from these boundary changes if the board granted the petition.”

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558 N.E.2d 686, 200 Ill. App. 3d 210, 146 Ill. Dec. 723, 1990 Ill. App. LEXIS 1104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-v-west-aurora-school-district-129-illappct-1990.