Pochopien v. Regional Board of School Trustees of the Lake County Educational Service Region

748 N.E.2d 710, 322 Ill. App. 3d 185, 255 Ill. Dec. 6
CourtAppellate Court of Illinois
DecidedApril 24, 2001
Docket2 — 00—0386
StatusPublished
Cited by10 cases

This text of 748 N.E.2d 710 (Pochopien v. Regional Board of School Trustees of the Lake County Educational Service Region) 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
Pochopien v. Regional Board of School Trustees of the Lake County Educational Service Region, 748 N.E.2d 710, 322 Ill. App. 3d 185, 255 Ill. Dec. 6 (Ill. Ct. App. 2001).

Opinion

JUSTICE O’MALLEY

delivered the opinion of the court:

Plaintiffs, Donald J. Pochopien et al., appeal the circuit court’s judgment affirming the decision of the Regional Board of School Trustees of the Lake County Educational Service Region (Regional Board) to deny plaintiffs’ petition to detach the entire subdivision commonly known as “the Cobblestone of Long Grove” (Cobblestone) from Fremont School District 79 (District 79) and annex it to Kildeer Countryside Community Consolidated School District No. 96 (District 96).

BACKGROUND

Although plaintiffs’ petition, filed December 1, 1998, states nothing more specific than annexation to District 96 as its sought remedy, plaintiffs’ design in filing the petition, as will be seen, was to have their children attend Country Meadows Elementary School (Country Meadows) and Woodlawn Middle School (Woodlawn) in District 96 (jointly Country-Woodlawn).

Cobblestone subdivision, comprised of 23 houses on a total of 32 lots, is in the Village of Long Grove and in District 79. Cobblestone’s western boundary is shared not only by the boundary that partly forms the southeast corner of District 79 and the northwest corner of District 96, but also by the eastern boundary of the school grounds of Country Meadows and Woodlawn, both of which are in Long Grove. Country Meadows comprises grades one through three, and Woodlawn comprises grades four through eight. Country Meadows and Woodlawn both were built after Cobblestone was developed. Cobblestone is within a very short distance of the two schools.

Currently, Cobblestone has 22 school-age children. Cobblestone children in grades one through eight attend Fremont Elementary School and Fremont Middle School (jointly Fremont) in District 79, both of which are in the Village of Mundelein approximately 5.8 miles from Cobblestone. Depending on traffic, a one-way trip between Cobblestone and Fremont can range from 20 to 50 minutes. Approximately 30% of District 79 students attend Stevenson High School, which is also attended by all District 96 students, and the remaining students attend Mundelein High School. District 79 has an enrollment of 1,400 students, and District 96 has 3,716 students. Cobblestone students are the only Long Grove residents who attend school in District 79 rather than District 96.

At a hearing before the Regional Board, plaintiffs argued that, by being required to commute several miles to Fremont for school, Cobblestone children are placed at risk needlessly, given that CountryWoodlawn literally is next door to Cobblestone. The Regional Board accepted into evidence several letters, all dated before the petition was filed, that plaintiffs offered to show Long Grove’s and District 96’s mutual desire to foster a sense of community. In this correspondence, which deals with issues such as a proposed walking path between Cobblestone and Country-Woodlawn, District 96 welcomes the involvement of the Long Grove Park District in the development of the new schools (Country-Woodlawn) and expresses a desire to be a “good neighbor” to Cobblestone and an interest in having representatives on Long Grove village planning committees.

Over defendants’ objection, the Regional Board admitted into evidence a document entitled “Financial Impact,” which plaintiffs offered to show the fiscal consequences that detachment and annexation would have for District 79 and District 96. The document reflects that District 79’s cost of educating each student in 1997 was $6,619, resulting in a total cost of $143,418 for educating 22 students (the number of students in Cobblestone). In 1997, District 79 received $108,200.40 in tax revenue from the 23 houses in Cobblestone (the average revenue per house in District 96 being $4,074 in 1997). Thus, in 1997, the cost of educating the Cobblestone students exceeded revenue derived from Cobblestone by $35,217.60. The document further shows that District 79’s cost per student remained constant from 1997 to 1998 but that its tax revenue from Cobblestone increased to $122,312.40 in 1998. Thus, in 1998, District 79’s cost of educating the 22 Cobblestone students exceeded the revenue the district received from the 23 Cobblestone houses by $21,106.

The document further shows that District 96’s cost of educating each student in 1997 was $5,552, resulting in a total cost of $122,144 for educating 22 students (the number of students in Cobblestone) in 1997. Tax revenue per 23 houses (the number of houses in Cobblestone) in 1997 was $121,054.70 (the average revenue per house in District 96 being $5,263 in 1997). Thus, District 96’s cost of educating 22 students in 1997 exceeded the revenue from 23 houses by $1,089.30. According to the document, District 96’s tax revenue per 23 houses increased to $136,843.70 in 1998 while its cost of educating each student remained constant. Thus, in 1998, the revenue from 23 houses exceeded by $14,699.70 the cost of educating 22 students from a subdivision comprised of 23 homes.

Plaintiffs argued that these figures demonstrate that District 96 is better able financially to educate the 22 Cobblestone students than is District 79, and that District 79 would in fact receive a financial benefit in the form of a decreased deficit from losing the Cobblestone students. Although the financial impact statement is ambiguous in parts, we interpret it as comparing District 79’s costs versus the revenue derived from the 23 Cobblestone houses themselves against District 96’s cost of educating 22 students versus its revenue derived per 23 houses, based on the average revenue per house in District 96. Although defendants objected to admission of the financial impact statement only on hearsay grounds, they also expressed an intent to challenge the substance of the document during their presentation by showing that it was “misleading” and that it “compared data from the wrong years.” As wé note below, defendants did not successfully follow through on this design.

District 79 presented the testimony of three witnesses: Dr. Gary Mical, superintendent for District 79; Karen Kolb, who has resided with her family in Cobblestone for seven years; and Andrew Rieder, president of District 79’s board of education, father of four children who attend Fremont, and resident of Hawthorne Woods, located less than two miles northwest of Cobblestone.

Concerning District 79’s revenue, Dr. Mical testified as follows. The district receives approximately $102,000 in tax revenue per year from Cobblestone and anticipates receiving $148,000 in revenue per year once Cobblestone is completely built. Approximately 30% of the 34 square miles in District 79 have been developed. Significant housing development near the eastern and western boundaries of the district is anticipated. There is the potential for “an enormous amount” of housing in the northern part of the district. Some parts of District 79, however, could end up in a tax increment financing district comprised of an industrial development. The development could employ anywhere between 9,000 and 12,000 people and would cause an intense population increase, an influx of students, and increased expenses. However, the development would not result in a revenue increase for about 23 years.

Dr. Mical testified that District 79 anticipated an increase of approximately 10%, or 300 students, per year.

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Cite This Page — Counsel Stack

Bluebook (online)
748 N.E.2d 710, 322 Ill. App. 3d 185, 255 Ill. Dec. 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pochopien-v-regional-board-of-school-trustees-of-the-lake-county-illappct-2001.