Shapiro v. REGIONAL BOARD SCHOOL TRUSTEES OF COOK COUNTY

451 N.E.2d 1282, 116 Ill. App. 3d 397, 71 Ill. Dec. 915, 1983 Ill. App. LEXIS 2055
CourtAppellate Court of Illinois
DecidedJune 24, 1983
Docket82-2080
StatusPublished
Cited by15 cases

This text of 451 N.E.2d 1282 (Shapiro v. REGIONAL BOARD SCHOOL TRUSTEES OF COOK COUNTY) 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
Shapiro v. REGIONAL BOARD SCHOOL TRUSTEES OF COOK COUNTY, 451 N.E.2d 1282, 116 Ill. App. 3d 397, 71 Ill. Dec. 915, 1983 Ill. App. LEXIS 2055 (Ill. Ct. App. 1983).

Opinion

JUSTICE SULLIVAN

delivered the opinion of the court;

This appeal is from the trial court’s affirmance in an administrative review action of an order of the Regional Board of School Trustees of Cook County (the Board) dismissing for lack of jurisdiction plaintiffs’ petition for detachment brought pursuant to section 7—6 of the School Code. (Ill. Rev. Stat. 1979, ch. 122, par. 7—6.) Plaintiffs contend that (1) the order dismissing their petition is void; (2) the Board’s prior ruling that it had jurisdiction was final and could not be reconsidered; (3) the Board improperly (a) ruled that requirements of the Election Code relating to the form of petitions and to the challenge of voter registrations (Ill. Rev. Stat. 1979, ch. 46, pars. 28—3, 4—12) apply to a petition filed pursuant to the School Code and (b) applied these new requirements retroactively; and (4) the Board’s findings of fact are against the manifest weight of the evidence. Defendants cross-appeal from an earlier order of the trial court finding that the Board’s initial denial of plaintiffs’ petition was against the manifest weight of the evidence. They contend that plaintiffs failed to sustain their burden of proving that the benefits of detachment clearly outweigh the detriments.

On September 5, 1979, plaintiffs filed a petition with the Board seeking detachment of certain described territory (the detachment area) from Community Consolidated School District No. 65 (District 65), which includes all of the city of Evanston and part of the village of Skokie, and its annexation to Community Consolidated School District No. 68 (District 68), which includes portions of Skokie. The petition consisted of four pages describing the detachment area together with statements in support of detachment, and 186 pages containing 1,928 signatures. It alleges that the detachment area receives other essential community services from Skokie and enjoys a “community of interest” with Skokie because it is located entirely therein; and that the benefits of detachment to the children in the affected area and to District 68 outweigh any detriment to District 65.

District 65 objected to the jurisdictional sufficiency of the petition, and at a series of hearings held to resolve that issue contended that there were 2,858 registered voters living in the detachment area, the number listed in the official Cook County precinct election binders on the date the petition was filed. It further argued that plaintiffs needed the signatures of 1,928 registered voters in order to meet the requirements of the School Code. (Ill. Rev. Stat. 1979, ch. 122, par. 7—1.) Plaintiffs acknowledged that of the 1,928 signatures on their petition, only 1,667 were registered voters living in the detachment area, but contended that there were 2,268 voters residing therein, not 2,858, and they therefore needed only 1,512 signatures.

The testimony of several witnesses established that plaintiffs’ lower figure was arrived at in the following manner: working from an April 1979 official precinct list showing 2,867 registered voters in the detachment area, circulators visited or called each address listed thereon and asked about each registered voter shown as residing at that address; if informed that the person in question was dead or had moved, the circulators crossed the name off the list; 597 names were removed by this process. The witnesses admitted that they did not have personal knowledge whether the voters in question had in fact died or moved, and for the most part they could not identify the person who provided the information. District 65 was not allowed to cross-examine the circulators with regard to all of the voters excluded after the Board determined that the testimony concerning each of the 597 names would be similar. However, District 65 filed its own survey purporting to show that 93 voters excluded by plaintiffs were in fact registered voters residing in the detachment area when the petition was filed, and that 35 registered voters were not on the list used by plaintiffs. The Board did not allow testimony with regard to this survey, and later stated that it had not even looked at that evidence in making its initial determination on jurisdiction. Five circulators further testified that, collectively, they obtained 80% of the signatures. Registered voters were shown the four-page detachment proposal, and its purpose was explained to them before they were asked to sign. If all of the registered voters residing at a particular address were not at home when the circulators stopped, a petition was left to be signed and mailed. These mail-in pages, which garnered 158 signatures, contained a short statement of the purpose of the petition but did not describe the detachment area.

During the course of these hearings, the Board eliminated some signatures which it determined were duplicates, illegible, or signed by proxy. It then found that the petition contained 1,565 valid signatures 1 as of September 5, 1979, accepted plaintiffs’ contention that there were 2,268 registered voters residing in the detachment area on that date, and concluded that it had jurisdiction to consider the merits of the petition. Defendants’ contention that the form of the petition did not meet the requirements of section 28 — 3 of the Election Code (Ill. Rev. Stat. 1979, ch. 46, par. 28 — 3) was rejected after the Board received an -opinion from the assistant legal advisor of the State Board of Education that the Election Code was inapplicable to detachment proceedings under the School Code.

At a separate hearing on the merits of the petition, plaintiffs presented several witnesses in support of detachment. After District 65 had presented only one of its witnesses, the Board concluded that it had heard sufficient evidence, voted to deny the petition, and terminated the hearing. Plaintiffs appealed, and the trial court found that the Board’s decision was against the manifest weight of the evidence, reversed its order, and remanded the action for further proceedings. The trial court further ordered that “[i]n the event the board shall elect to reconsider its prior rulings on the question of jurisdiction, the board shall consider new evidence together with the evidence already submitted on this question.”

On remand, the Board did elect to reconsider its rulings with regard to jurisdiction and asked each side to submit proposed findings of fact and conclusions of law on that issue prior to further hearings. On October 5, 1981, the Board heard testimony on District 65’s survey of voters previously filed with the Board but not considered, and evidence that one petitioner did not see the detachment proposal prior to signing the petition, and that the purpose of the petition was misrepresented to her. Plaintiffs then presented evidence that 41 names previously stricken from the petition as not being registered voters were in fact registered, and the testimony of a graphologist who disputed the Board’s prior determination that seven signatures were signed by proxy.

Based on the foregoing evidence as well as evidence presented at prior hearings, the Board determined that it did not have jurisdiction of this matter and dismissed the petition. Its findings of fact and conclusions of law issued subsequent to that decision set forth four distinct bases for the ruling.

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Bluebook (online)
451 N.E.2d 1282, 116 Ill. App. 3d 397, 71 Ill. Dec. 915, 1983 Ill. App. LEXIS 2055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shapiro-v-regional-board-school-trustees-of-cook-county-illappct-1983.