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Horth v. Board of Education

MAY 23, 1963.

JACK HORTH, ET AL., PLAINTIFFS-APPELLEES,

v.

BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 205, WINNEBAGO COUNTY, ILLINOIS, DEFENDANT-APPELLANT, AND COUNTY BOARD OF SCHOOL TRUSTEES, WINNEBAGO COUNTY, ILLINOIS, DEFENDANT.



Appeal from the Circuit Court of Winnebago County; the Hon. WILLIAM R. DUSHER, Judge, presiding. Judgment affirmed.

SPIVEY, J.

Rehearing denied July 19, 1963.

School District No. 205 is a special charter district located within the City of Rockford. School District No. 113 is a district adjacent to the City of Rockford, but outside the Corporate limits of the City of Rockford. The City of Rockford annexed a portion of territory within District 113 (hereafter called Buckabee). To prevent this territory from becoming annexed to District No. 205 for school purposes also, the Board of Education of Buckabee filed a petition to prevent annexation. Pursuant to Section 7-2.1 of the School Code a hearing was held by a hearing officer designated by the Superintendent of Public Instruction of Winnebago County. After hearing evidence submitted by Buckabee (District 205 offered no evidence) the County Board of School Trustees entered an order declaring the annexation of the territory for school purposes to be null and void and of no effect. The defendant Board of Education of School District No. 205 (hereinafter called District 205) contrary to the action of the County Board of School Trustees, entered an order denying the petition of Buckabee Board of Education. An appeal from the latter order, pursuant to the provisions of the Administrative Review Act, was taken by Buckabee. This appeal was heard by the Circuit Court of Winnebago County. After a hearing on administrative review, the Circuit Court of Winnebago County entered an order which reversed, vacated and set aside the order of District 205 as contrary to the manifest weight of the evidence and ordered that the territory annexed to the City of Rockford not be included in District 205. District 205 has appealed to this court from that decision.

The territory involved in the annexation was property zoned for industrial use. No children resided in the territory. The territory had an assessed valuation of $193,190. Annexation to District 205 would result in a loss to Buckabee in bonding power in the amount of $9,659.50, and an annual loss in education and building funds of $2,135.75. Since 1946, Buckabee has experienced a gradual loss of its territory by way of annexation to the City of Rockford and District 205.

The rights of the parties in this situation are governed by Section 7-2.1 of the School Code (Ill Rev Stats 1961, c 122, § 7-2.1). The applicable provisions of this statute are as follows:

"§ 7-2.1 Special charter districts — Changing boundaries

Notwithstanding any provision to the contrary appearing in the charter of any school district or municipality or in any provision of the statutes heretofore enacted, boundaries of such special charter districts may be changed as hereinafter specified, in any one of the following 3 manners:

A. Annexation or disconnection of territory to or from a city or village where a special charter district exists shall constitute annexation to or disconnection from such special charter school district, after a period of 60 days from the date of annexation to or disconnection from the city or village, unless during this period:

1. The school board of school trustees having jurisdiction over the property or territory either before or after its annexation or disconnection.

2. . . .

3. . . . shall file an original petition with the Superintendent of Public Instruction, and certified copies thereof with the board of education of the special charter district and the county board of school trustees of the county in which the county superintendent has supervision over the greatest portion of the territory of the district or districts affected by such annexation or disconnection, stating:

a. . . .

b. . . .

c. that petitioner or ...


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