Joliet Township High School District No. 204 v. Regional Board of School Trustees

391 N.E.2d 147, 72 Ill. App. 3d 430, 28 Ill. Dec. 948, 1979 Ill. App. LEXIS 2636
CourtAppellate Court of Illinois
DecidedJune 6, 1979
DocketNo. 78-44
StatusPublished
Cited by2 cases

This text of 391 N.E.2d 147 (Joliet Township High School District No. 204 v. Regional Board of School Trustees) 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
Joliet Township High School District No. 204 v. Regional Board of School Trustees, 391 N.E.2d 147, 72 Ill. App. 3d 430, 28 Ill. Dec. 948, 1979 Ill. App. LEXIS 2636 (Ill. Ct. App. 1979).

Opinion

Mr. JUSTICE RECHENMACHER

delivered the opinion of the court:

A petition requesting an election upon the question of whether a new community consolidated school district should be formed was filed with the Regional Board of School Trustees of Kendall County, pursuant to section 11 — 1 of the School Code (Ill. Rev. Stat. 1975, ch. 122, par. 11 — 1). During the pendency of proceedings on this petition, Joliet Township High School District No. 204 and Troy Community Consolidated School District No. 30 — C filed a complaint in the circuit court of Kendall County, naming the Regional Board of School Trustees of Kendall County defendant, challenging the Board’s authority to proceed upon the petition and seeking injunctive and declaratory relief on the grounds that the petition constituted an improper attempt to organize a community consolidated school district out of parts of existing school districts. Thereafter, various individuals residing in the proposed community consolidated school district, as well as Channahon Elementary School District No. 17, Minooka Elementary School District No. 201, and Minooka High School District No. Ill, petitioned for, and were granted, leave to intervene as defendants in the circuit court action. The trial court subsequently entered an order finding that the Regional Board of School Trustees of Kendall County lacked authority to proceed on the petition, since the territory described in the petition included portions of existing school districts. The Board was also enjoined from proceeding with hearings on the petition. The intervenors-defendants have appealed this ruling; the Regional Board of School Trustees of Kendall County has not filed a brief before this court.

This case turns solely upon a question of the correct construction to be accorded section 11 — 1 of the School Code (HI. Rev. Stat. 1975, ch. 122, par. 11 — 1). The first paragraph of section 11 — 1 provides, in part, as follows:

“Any contiguous territory having a population of not less than 1500 and not more than 500,000 persons and an equalized assessed valuation of not less than *5,000,000 and bounded by school district lines may be organized into a community consolidated school district as provided in this article ” ° (Emphasis added.) (HI. Rev. Stat. 1975, ch. 122, par. 11 — 1.)

The language “bounded by school district lines” has been in the statute or its predessesors since 1919. In a number of cases the Illinois Supreme Court held that this language meant that only entire school districts could be consolidated and that a community consolidated school district could not be formed out of parts of common school districts. See People ex rel. Dixon v. Community Unit School District No. 3 (1954), 2 Ill. 2d 454; People ex rel. Verlie v. Madison (1925), 317 Ill. 477; People ex rel. Taylor v. Camargo Community Consolidated School District (1924), 313 Ill. 321; People ex rel. School Directors v. Exton (1921), 298 Ill. 119; People ex rel. Lewman v. Moyer (1920), 298 Ill. 143.

The territory of the proposed community consolidated school district in this case has a population of more than 1,500 but less than 500,000 and an equalized assessed valuation of more than *5,000,000. The territory of the proposed district includes the Minooka High School District, Minooka Elementary School District No. 201, and Channahon Elementary School District No. 17, in their entireties. The overwhelming majority of the territory, at least on a geographic basis, is encompassed by the boundaries of Minooka High School District No. Ill. The major exception consists of a large portion of Channahon Elementary School District No. 17, which is located within the territory of Joliet Township High School District No. 204. Similarly, a small tract of Morris Community High School District No. 101, which was located within Minooka Elementary School District No. 201, has been included within the territory of the proposed community consolidated school district. A considerable section of Troy Community Consolidated School District No. 30 — C, as well as some tracts which are within Saratoga Community Consolidated Elementary School District No. 60 — C, which were also in Minooka High School District No. Ill, have thus been included within the territory of the proposed community consolidated school district. In view of the patchwork of overlapping school districts in the area in question, it would appear that although the proposed territory meets the population and valuation requirements of the statute, there is no viable way that the drafters of the petition could have outlined a territory which would have consisted only of entire school districts without including parts of other school districts.

Obviously, if the language “bounded by school district lines” in the current statute means that the organization of a community consolidated school district may not result in the division of any existing school district, then the territory described in the petition involved here could not lawfully be organized into a consolidated district.

However, the statute has been substantially amended since the last time that the Illinois Supreme Court construed the phrase “bounded by school district lines.” At the time of People ex rel. Dixon v. Community Unit School District No. 3 (1954), 2 Ill. 2d 454, the statute provided simply that upon the filing of a petition for a community consolidated school district the County Superintendent of Schools would order an election on the question. (Ill. Rev. Stat. 1955, ch. 122, par. 8 — 1.) Following an amendment in 1957, the statute provided for a more elaborate procedure, includng a hearing where the Board would take into consideration “the division of funds and assets which would result from the organization of the district” and the objections of “any resident in the proposed district or any district affected thereby ° ” (Ill. Rev. Stat. 1957, ch. 122, par. 8— 1.) The same language is found in section 11 — 1 of the School Code:

“The county board of school trustees shall hear evidence as to the school needs and conditions of the territory and in the area within and adjacent thereto and take into consideration the division of funds and assets which will result from the organization of the district, and shall determine whether it is for the best interests of the schools of the area and the educational welfare of the pupils therein that such district be organized, and shall determine whether the territory described in the petition is compact and contiguous for school purposes.
At the hearing, any resident in the proposed district or any district affected thereby may appear in support of the petition or to object thereto. * ° (Emphasis added.) Ill. Rev. Stat. 1975, ch. 122, par. 11 — 1.

Since the court in People ex rel. Dixon v. Community Unit School District No. 3, and the other cases cited above, indicated that a community consolidated school district may only be formed out of entire school districts, and may not result in the division of an existing school district, the cited provisions of section 11 — 1 of the School Code raise obvious difficulties.

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

Related

Martin v. Soucie
441 N.E.2d 131 (Appellate Court of Illinois, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
391 N.E.2d 147, 72 Ill. App. 3d 430, 28 Ill. Dec. 948, 1979 Ill. App. LEXIS 2636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joliet-township-high-school-district-no-204-v-regional-board-of-school-illappct-1979.