Opinion

Ellrod v. Board of Education of St. Joseph Community High School District No. 305

  • 315 Ill. 270
  • 146 N.E. 193
Court
Illinois Supreme Court
Filed
Dec 16, 1924
Status
Published
Author
Dunn
On the bench
Dunn
Cited by
0 cases
Authority
More cited than 17.8%

The opinion

Mr. Justice Dunn delivered the opinion of the court:

This is an appeal by the board of education of the St. Joseph Community High School District in Champaign county from an order of the circuit court detaching twenty-six sections of land from the district, which originally consisted of fifty-six sections. The petition was filed by legal voters residing in the detached territory in accordance with section 89*7 of an act entitled “An act to amend sections 89a and 92 of ‘An act to establish and maintain a system of free schools,’ approved June 12, 1909, as amended, and to add thereto sections 89b, 89c, 89d, 8ge, 89/, 89g and 8gh.” (Laws of 1923, p. 592.) The board of education filed an answer, and after a hearing by the court an order was entered detaching the territory described in the petition and adding it to the non-high-school territory of Champaign county, from which the board of education appealed.

In the case of North v. Board of Education, 313 Ill. 422 , it was held that section 2>gg is unconstitutional, and the order entered in that case detaching territory, which was of the same character as that involved here, was reversed. The same judgment must result in this case, and the order of the circuit court of Champaign county is reversed.

Order reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.