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Mclain v. Phelps

OPINION FILED JUNE 18, 1951.

DONALD MCLAIN ET AL., APPELLANTS,

v.

OMAR PHELPS ET AL., APPELLEES.



APPEAL from the Circuit Court of Madison County; the Hon. EDWARD F. BAREIS, Judge, presiding. MR. JUSTICE GUNN DELIVERED THE OPINION OF THE COURT:

Donald McLain and Floyd Radcliff, as residents, citizens and taxpayers, filed a complaint in the circuit court of Madison County, to enjoin the board of education of Roxanna Community Unit School District No. 1 of Madison County, hereafter referred to as Roxana District, from issuing or disposing of any part of a certain bond issue in the sum of $1,500,000. The defendants made a motion to dismiss, which was allowed by the court. An appeal is taken to this court on the ground that not only is the construction of the constitution, but the validity of a statute, involved.

An agreed case was filed under Rule 48 of the Supreme Court, and a stipulation between the parties as to the facts and points of law involved. The stipulation and agreed facts are as follows:

"1. That Plaintiffs are residents, citizens and taxpayers of the Roxana Community Unit School District No. 1, Madison County, Illinois.

"2. That the Defendants are members of the Board of Education of Roxana Community Unit School District No. 1, Madison County, Illinois.

"3. That the Roxana Community Unit School District No. 1, Madison County, Illinois, was organized on March 5th, A.D. 1949, and that it assumed its corporate functions on July 1, 1949.

"4. That the Roxana Community Unit School District No. 1, Madison County, Illinois, at the time of its organization combined all of School District No. 103, all of Community High School District No. 156 and a small fraction of Community High School District No. 144.

"5. That at the time of said organization the Roxana Community Unit School District No. 1, Madison County, Illinois, had an assessed valuation of $30,459,733.00, and that School District No. 103 had a bonded debt of $169,000.00, and Community High School District No. 156 had a bonded debt of $90,000.00, and that the fraction of Community High School District No. 144, Madison County, Illinois, in said District No. 1, had no bonded debt and that the total bonded debt of $259,000.00 was assumed by Roxana Community Unit March 5th, 1949, when it was organized.

"6. That certain territory lying North of the Roxana Community Unit, hereinafter referred to as Rosewood Heights, was prior to March 1, 1950, in the Community Consolidated School District No. 152, and that in the year 1949 said School District had an assessed valuation of $6,431,355.00 and a bonded debt of $180,500.00.

"7. That the aforesaid territory, Rosewood Heights, was prior to March 1, 1950, also located in the Civic Memorial Community High School District which in the year 1949 had an assessed valuation for the year of $7,382,965.00 and a total bonded debt of $336,000.00.

"8. That on the 14 day of September, 1949, a petition was filed with the County Court requesting that the territory known as Rosewood Heights be detached from Community Consolidated School District No. 152 and Civic Memorial Community High School No. 100 and that said territory be annexed to Community Unit School District No. 1 and that on the 1st day of March, 1950, the prayer of said petition was allowed.

"9. That for the year 1950 the County Clerk of Madison County, pursuant to Chapter 122, Paragraph 19-33, did proportion the amount of bonded indebtedness of said District No. 152 and District No. 100, and charged the same to Community Unit School District No. 1, Madison County, Illinois, and that the County Clerk has charged to said Community Unit School District No. 1, 17.22% of said District No. 100 bonded debt, which is $57,859.20, and 19.77% of said District No. 152 bonded debt, which is $35,684.85, making a total bonded debt charged to said District No. 1, for the territory known as Rosewood Heights, of $93,544.15.

"10. That the total assessed valuation for the year 1949 of the said Rosewood Heights Area annexed to Roxana Community United School District No. 1, located in said District No. 100, was $1,271,345.00, and the Area located in District No. 152 was $1,271,480.00.

"11. That the aforesaid territory known as Rosewood Heights, which is now a part of Roxana Community Unit No. 1, has an assessed valuation of $1,271,345.00 and outstanding bonds which are a lien on the property located in said Area in the amount of $93,508.00 and which amount is 7.3% of the assessed value of said Area.

"12. That the assessed value of the entire Roxana Community Unit for the year 1950 (including the Rosewood Heights Area) is $36,698,260.00 and that the total bonded indebtedness of the entire District (including the Rosewood Heights Area) is $333,508.00, and which ...


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