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Smith v. Calhoun Com. School Dist.

OPINION FILED MARCH 20, 1959.

HENRY SMITH, APPELLANT,

v.

CALHOUN COMMUNITY UNIT SCHOOL DISTRICT NO. 40 ET AL., APPELLEES.



APPEAL from the Circuit Court of Calhoun County; the Hon. ROBERT S. HUNTER, Judge, presiding.

MR. JUSTICE DAVIS DELIVERED THE OPINION OF THE COURT:

This case involves the validity of the ballot used at an election which authorized the issuance of school bonds. The plaintiff, a taxpayer, brought suit in the circuit court of Calhoun County to enjoin the county clerks of Greene and Calhoun counties from extending the tax rate to provide for the payment of principal and interest on such bonds, in that the form of ballot used at the election was invalid. The circuit court entered a decree denying the injunction, and plaintiff appeals directly to this court, the case being one relating to revenue. Ill. Rev. Stat. 1957, chap. 110, par. 75; Schoon v. Board of Education, 11 Ill.2d 91.

On March 11, 1958, the board of education of Community Unit School District No. 40, Calhoun and Greene Counties, duly adopted a resolution calling a special election for the purpose of submitting to the legal voters of the district a proposition to build and equip a new high school building, to build additional classrooms, and to issue school building bonds to the amount of $429,000 for such purposes. The resolution set forth the proposition to be voted upon, established precincts and polling places for the election, set forth the form of the ballot, the date of election and time of opening and closing the polls. A notice of special school election was duly published, and the election was held in conformity with the provisions of the resolution and notice.

Following the election, the board of education duly canvassed the returns, and by appropriate resolution found that the proposition was approved by a majority of the votes cast. Subsequently, the board adopted a resolution authorizing and directing the issuance of such bonds in the amount of $404,000, and providing for the levy of a tax for their payment. Certified copies of this resolution were filed in the offices of the county clerks of Calhoun and Greene counties. Thereafter, the plaintiff filed suit to enjoin the sale of the bonds and the extension of the required tax rate.

The proposition set forth in the original resolution of the board, and in the notice of special school election was as follows:

"Shall the Board of Education of Community Unit School District No. 40 Calhoun and Greene Counties, Illinois, be authorized to build and equip a new high school building on a site now owned by said District; and to build additional classrooms to the Kampsville School; and to issue school building bonds to the amount of Four Hundred Twenty Nine Thousand Dollars ($429,000.00) for the above purposes; said bonds to mature on January 1, in each of the years and in the amounts, as follows:

$ 5,000.00 .... 1960 $23,000.00 .... 1969

11,000.00 .... 1961 24,000.00 .... 1970

12,000.00 .... 1962 25,000.00 .... 1971

17,000.00 .... 1963 26,000.00 .... 1972

18,000.00 .... 1964 28,000.00 .... 1973

19,000.00 .... 1965 29,000.00 .... 1974

20,000.00 .... 1966 30,000.00 .... 1975

21,000.00 .... 1967 ...


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