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SPAULDING v. COMMUNITY COLLEGE BD.

No. 47476.

64 Ill.2d 449 (1976)

356 N.E.2d 339

WILLIAM E. SPAULDING et al., Appellees, v. ILLINOIS COMMUNITY COLLEGE BOARD et al., Appellants.

Supreme Court of Illinois.

Rehearing denied November 12, 1976.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Patricia Rosen, Assistant Attorney General, of counsel), for appellants Illinois Community College Board et al.

Ross, Hardies, O'Keefe, Babcock & Parsons, of Chicago (R. Marlin Smith, Robert W. Sacoff, and Barbara Baran, of counsel), for appellant New Trier Township High School District No. 203.

Sidley & Austin, of Chicago (James E.S. Baker, and Roger H. Dusberger, of counsel), for appellees.

Ancel, Glink, Diamond & Murphy, of Chicago (Joseph A. Murphy, Craig J. Cobine, and Peter M. Rosenthal, of counsel), for amicus curiae Board of Trustees of Community College District No. 535 and Board of Trustees of Community College District No. 512.

James A. Rapp, of Hunter & Hutmacher, of Quincy, for amicus curiae John Wood Community College District No. 539.

Reversed and remanded.

MR. JUSTICE RYAN delivered the opinion of the court:

Plaintiffs sued in the circuit court of Cook County for a declaratory judgment that section 6-6.1 of the Public Community College Act (Ill. Rev. Stat. 1973, ch. 122, par. 106-6.1) is either unconstitutional or, alternatively, must be construed as requiring a referendum on the involuntary establishment of a new community college district....

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