Panhandle Community Unit School District No. 2 v. Goebel

238 N.E.2d 209, 94 Ill. App. 2d 462, 1968 Ill. App. LEXIS 1082
CourtAppellate Court of Illinois
DecidedMay 27, 1968
DocketGen. No. 67-92
StatusPublished
Cited by1 cases

This text of 238 N.E.2d 209 (Panhandle Community Unit School District No. 2 v. Goebel) 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
Panhandle Community Unit School District No. 2 v. Goebel, 238 N.E.2d 209, 94 Ill. App. 2d 462, 1968 Ill. App. LEXIS 1082 (Ill. Ct. App. 1968).

Opinion

MORAN, J.

The County Board of School Trustees of Montgomery County entered an order detaching a certain tract of land from Panhandle Community School District No. 2 of Montgomery County and annexing same to Morrison-ville Community Unit School District No. 1. The Panhandle District brought a proceeding for administrative review in the Circuit Court of Montgomery County and appeals from an adverse decision of that Court affirming the action of the County Board of School Trustees. It contends that the decision was against the manifest weight of the evidence.

The area described in the detachment petition contains 160 acres and the petitioners, Carl Goebel and Thelma Goebel, his wife, are the only residents and voters in that area. They have six children, aged 10, 8, 6, 5, 2 and 1, respectively. The three oldest children attend parochial school in Morrisonville and the five-year-old child attends public school kindergarten there, on a half-day basis. The three older children ride the public school bus to and from Morrisonville, while the parents take the five-year-old to kindergarten in Morrisonville at noon and he rides the bus home in the evening. They pay $365 per year tuition for the five-year-old child to attend kindergarten. The Goebels go to church in Morrisonville and do all their business there. His folks also live on the Morrisonville bus route.

Goebel testified that they would have no more children in kindergarten for three years and therefore would have to pay bus fare for the school bus to take their children, who attend the Catholic school, to Morrisonville. It was then pointed out to him that there were no provisions in the Illinois law for him to pay for bus transportation under any circumstances.1

The School Superintendent of the Panhandle District appeared in opposition to the petition and informed the County Board of School Trustees that the Panhandle School Board opposed the detachment. He testified that there was a primary school in Harvel, about two miles from where the petitioner lived, and that the Panhandle District would furnish bus transportation to and from there. There was no kindergarten at Harvel, but there was one at Raymond, which is a few miles from Harvel. If the Goebels had a child attending kindergarten, the Panhandle District would furnish bus transportation from petitioners’ home to Raymond and back to Harvel.

“Pupils attending other than a public school. The school board of any district that provides any school bus or conveyance for transporting pupils to and from the public schools shall afford transportation, without cost, for children who attend any school other than a public school, who reside at least 1 Vz miles from the school attended, and who reside on or along the highway constituting the regular route. . . .”

Chapter 122, section 7-6, Illinois Revised Statutes, 1965, provides in part:

. . Prior to the hearing the secretary shall submit to the county board of school trustees maps showing the districts involved, a written report of financial and educational conditions of districts involved and the probable effects of the proposed changes. . . . The county board of school trustees shall hear evidence as to the school needs and conditions of the territory in the area within and adjacent thereto and as to the ability of the districts affected to meet the standards of recognition as prescribed by the Superintendent of Public Instruction, and shall take into consideration the division of funds and assets which will result from the change of boundaries and shall determine whether it is to the best interests of the schools of the area and the educational welfare of the pupils that such change in boundaries be granted, and in case non-high school territory is contained in the petition the normal high school attendance pattern of the children shall be taken into consideration. . . .”

There was no contention at any stage of the proceedings in this case that the granting of the petition would affect the ability of either district to meet the standards of recognition prescribed by the Superintendent of Public Instruction; that it would affect the educational welfare of the students in either district; that it would affect the division of the funds and assets; or that it would in any way affect the financial or educational condition of either district.

The record disclosed that the estimated value of the tract sought to be disconnected was $24,000 and that the estimated revenue loss to the Panhandle District was $410 per year. The assessed valuation of the Panhandle District is $27,484,899, the approximate area is 169 square miles, and the tax rate is 1.886. The assessed valuation of the Morrisonville District is $23,983,640, the approximate area is 118 square miles and the tax rate is 1.5910. It is clear that the disconnection will not have a perceptible effect on the assessed valuation, the territory or the tax rate of either district. It is also apparent that the change could have no effect whatsoever on the educational program of either district.

Appellant argues that personal preferences and conveniences standing alone do not meet the statutory standards necessary to support a petition for detachment from one district and annexation into another and cites Oak-dale Consol. Community School Dist. No. 1 v. County Board of School Trustees of Randolph County, 12 Ill2d 190, 145 NE2d 736, and various Appellate decisions to sustain its position, while appellee argues that the present case is distinguished from the cases cited by appellant and cites Virginia Community Unit School Dist. No. 64 of Cass and Morgan Counties v. County Board of School Trustees of Cass County, 39 Ill App2d 339, 188 NE2d 886, to sustain its position.

The facts in that case disclose that the petitioners were the only two residents and voters on a twenty-acre tract of ground which they sought to have disconnected from the Virginia School District and Annexed to Ashland Community Unit School District No. 212. They had three small children, all of whom were under school age at the time of the hearing. The evidence disclosed it would be much more convenient for them to bus their children to Ashland than Virginia; that their children’s playmates were all in the Ashland District and that petitioners went to church in and did all their trading in Ashland. The evidence also disclosed that the education facilities of both districts were equal and that the transfer would not affect the educational program or the tax revenue of either district.

In affirming the decision of the County Board of School Trustees of Cass County granting the petition for detaching the disputed territory as requested by petitioner, the Appellate Court carefully distinguished Oakdale Community Consol. School Dist. No. 1. v. County Board of School Trustees of Randolph County, supra, and a number of Appellate cases which were authority for the proposition that the personal desires and conveniences of a few petitioners will not alone justify a boundary change to the detriment of others as not being applicable to the factual situation which the record in that case presented. The court pointed out that in the Oakdale case the court held that the granting of the petition would create a serious depletion of the tax resources of one district and the crowding of another and that in the other cases cited there would be a detriment rather than an improvement in the area involved.

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238 N.E.2d 209, 94 Ill. App. 2d 462, 1968 Ill. App. LEXIS 1082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/panhandle-community-unit-school-district-no-2-v-goebel-illappct-1968.