Skolek v. Utica Grade School District No. 135

597 N.E.2d 919, 232 Ill. App. 3d 278
CourtAppellate Court of Illinois
DecidedAugust 4, 1992
DocketNo. 3—91—0976
StatusPublished
Cited by3 cases

This text of 597 N.E.2d 919 (Skolek v. Utica Grade School District No. 135) 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
Skolek v. Utica Grade School District No. 135, 597 N.E.2d 919, 232 Ill. App. 3d 278 (Ill. Ct. App. 1992).

Opinion

JUSTICE McCUSKEY

delivered the opinion of the court:

The plaintiffs filed a petition with the La Salle County Regional Board of School Trustees (Regional Board) to detach and annex real estate. The plaintiffs sought the Regional Board’s approval to detach their real estate from the Utica Grade School District No. 135 (Utica) and to annex it to the Waltham Grade School District No. 185 (Wal-tham). The Regional Board denied both the plaintiffs’ petition and their petition for rehearing. The La Salle County circuit court reversed. The circuit court found that the Regional Board’s determination was against the manifest weight of the evidence. Utica appeals. We affirm because we agree with the findings of the circuit court.

The plaintiffs, Edward and Jane Skolek, have two small children. Emily, age six, was born on April 10, 1986, and attended Utica kindergarten last year. Justin, age five, was born on August 7, 1987, and will be attending school this year.

On March 19, 1991, the Skoleks filed their petition with the Regional Board to detach and annex their real estate. Their major concern is for the safety of their small children, who must travel to Utica down a long, narrow, steep, and declining road. This road has no sidewalks and passes down into an industrial area and across railroad tracks. Utica provides no bus service for the Skolek children. The Skoleks live at the very edge of Utica. Waltham provides bus service which goes immediately by the Skoleks’ home. All of the Skoleks’ immediate neighbors attend school at Waltham. The Skolek property contains 13.3 acres and is part of the rural area located north and outside of the village limits of Utica. The Skoleks have lived there the past three years.

The plaintiffs’ petition did not challenge the quality of education offered by Utica. Also, the petition did not allege that the Skolek children would receive a better education at Waltham. The quality of education offered by the two school districts is not an issue in this appeal.

Plaintiffs Bernard and Deloris Hettel live on 28.67 acres in the rural area adjoining the north side of the Skolek property. The Hettels no longer have any school-aged children. They joined the petition at the Skoleks’ request and are nominal plaintiffs. However, the Hettels share the Skoleks’ concern for the safety of the small children.

In 1990, the Skoleks paid $372.12 in real estate taxes to Utica. That same year, the Hettels paid Utica $460.10 in real estate taxes. Utica does not claim the loss of plaintiffs’ real estate taxes would affect the quality of their educational system. Therefore, Utica’s loss of income is not an issue in this appeal.

On April 1, 1991, the plaintiffs presented their petition to the Regional Board at a public hearing. Jane Skolek testified that she works Monday, Tuesday, and Thursday from 8 a.m. to 4:30 p.m. in the business office at Ottawa Community Hospital. She leaves for work around 7:40 a.m. and arrives home at approximately 5 p.m. Jane testified that her husband, Edward Skolek, works a swing shift for Illinois Cement Company. She said that his work schedule changes weekly and he leaves for work at various times of the day. Jane testified that Utica opens its school at 8:30 a.m. Therefore, because of their work schedules, the Skoleks would be unable to transport their children to and from Utica.

Jane testified that the children would have to walk down a narrow, steep highway with no sidewalks to get to Utica. She noted that this road also passes over railroad tracks and through an industrial area used by heavy trucks. She said that the children’s unsupervised one-way trip to Utica would be approximately one-half to three-quarters of a mile. Also, Jane indicated that no one would be home on most days when Emily returned from school. All of these safety hazards cause the Skoleks great concern.

James Beverage, Utica’s superintendent, was the only witness to testify in opposition to the petition. He testified, “I can understand the situation that this couple puts [sic] themselves into.” He also admitted that Utica had no bus service for the Skolek children. Beverage commented regarding the hill by saying, “Now, as far as the hill and safety — um—there is a tract there.” Later, he said, “but I do understand with their situation about the hill.”

Beverage’s opposition to plaintiffs’ petition was based solely on his concern, as a first-year superintendent, that he was afraid of setting precedent. He said, “And I point out that because if this is a situation that is involved, then we will have many petitions coming in here based solely on a reduced tax rate that person may be getting in one tax situation as in another.” Beverage presented no testimony to contradict the Skoleks’ safety concern.

Jane Skolek also testified regarding Utica’s school lunch program. She noted that most of Utica’s school children eat their noon lunch at home. This is because almost all of the students live in the Village of Utica, which is a short distance from the school. Beverage acknowledged this fact. However, Beverage did note that Utica has a minimal lunch program used by about 30 to 40 students, who eat their lunch under supervision at the school. If the Skolek children eat lunch at home, like the majority of Utica’s students, then they would be compelled to cross the railroad tracks and travel the dangerous road two more times each school day. However, based on all the circumstances, the Skolek children will be unable to go home to eat lunch.

Phyllis Mertes testified that she has been Emily and Justin Sko-lek’s daily baby-sitter for the past three years. Phyllis says Emily and Justin are comfortable in her home environment and are best friends with her two children, Maria and Eric. Phyllis lives in the Waltham district about V-lz miles from the Skoleks. The Waltham school bus stops in front of her home. Phyllis testified that she could watch Emily and Justin each morning and afternoon while the Skoleks are working. Her testimony indicated that if the petition was granted, Emily would catch the Waltham bus at Phyllis’ home. Also, the Wal-tham bus would drop Emily off at Phyllis’ home after school. The testimony indicated that until Justin begins school, Phyllis will continue to baby-sit him. If the petition was granted, Phyllis stated that Justin’s school schedule would be the same as Emily’s.

Jane Skolek also testified that most of her children’s friends attend Waltham. She said they have no baby-sitters or close friends in Utica. Before moving to their current home, the Skoleks lived for five years in Seneca Manor, which is located next to Utica in the Waltham district.

On April 29, 1991, the Regional Board, without explanation, concluded “that it is in the best interest of the school districts and of the educational welfare of the pupils affected hereby that such change in the boundaries be denied.”

On May 9, 1991, plaintiffs filed a petition for rehearing with the Regional Board. On June 19, 1991, the Regional Board heard the plaintiffs’ arguments in support of their petition for rehearing. The Regional Board denied the petition for rehearing without comment.

On June 28, 1991, the plaintiffs filed a complaint for administrative review in the circuit court of La Salle County.

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Bluebook (online)
597 N.E.2d 919, 232 Ill. App. 3d 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skolek-v-utica-grade-school-district-no-135-illappct-1992.