Opinion

Dukett v. Regional Board of School Trustees

  • 342 Ill. App. 3d 635
  • 277 Ill. Dec. 277
  • 795 N.E.2d 945
Court
Appellate Court of Illinois
Filed
Aug 7, 2003
Status
Published
Author
Turner
On the bench
Appleton, Turner, Knecht
Cited by
9 cases

"[P]etitions for detachment and annexation should be granted only where the overall benefit to the annexing district and the detachment area clearly outweighs the resulting detriment to the losing district and the surrounding community as a whole"

How later courts described this case

  • "[P]etitions for detachment and annexation should be granted only where the overall benefit to the annexing district and the detachment area clearly outweighs the resulting detriment to the losing district and the surrounding community as a whole"
  • “[Pjetitions for detachment and annexation should be granted only where the overall benefit to the annexing district and the detachment area clearly outweighs the resulting detriment to the losing district and the surrounding community as a whole”
  • the benefit of maintaining the same educational setting for children is considerable as disrupting children’s lifestyles would not serve to benefit anyone

Written by the judges who cited it.

The opinion

JUSTICE TURNER, dissenting:

While I disagree with the majority’s general finding that state aid awarded on a per-pupil basis is not a factor to be considered in a detachment petition, I do agree that it was not a factor in this particular case because North Greene was not currently receiving the state aid. 342 Ill. App. 3d at 638. Nonetheless, I respectfully dissent. “The judiciary is ill[-]equipped to act as a super school board in assaying the complex factors involved in determining the best interest of the schools and the pupils affected by a change in boundaries.” School Directors, 26 Ill. 2d at 267, 186 N.E.2d at 283. “When the record indicates the boards have considered the applicable statutory factors and their decision is supported by substantial evidence, the decision must be affirmed.” Carver, 146 Ill. 2d at 363, 586 N.E.2d at 1280. Like the circuit judge, I find the Regional Board complied with the statutory requirements and that its decision was supported by substantial evidence. Accordingly, I would affirm the circuit court’s judgment.

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.