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BD. OF EDUC. OF WAPELLA COMMUNITY UNIT SCH. DIST. v. REG. BD., SCH. TRUSTEES

No. 4-93-0163.

614 N.E.2d 1383 (1993)

245 Ill. App.3d 776

185 Ill.Dec. 698

BOARD OF EDUCATION OF WAPELLA COMMUNITY UNIT SCHOOL DISTRICT NO. 5, De WITT COUNTY, Illinois and Vic Riddle, Timothy Westfall, James Holland, Nelson Thorpe, David L. Hickman, as registered voters in their official capacity as members of the Board of Education of Wapella Community Unit School District No. 5, De Witt County, Illinois, Rozanne Karr, Betsy Shifflet, Eric Shifflet, Jeff Finger, Derek Fryman, Jane Buraglio, Rita Spencer, Jim Holland, Dale Karr, Rosemarie Harrold, Johnnie Harrold, Brian Reich, Pam Reich, Vicki Lynn Mearida, Terry Redman, Judy Finger, David Hickman, Tim Westfall, Robert Boring, Lyle Victor Riddle, Plaintiffs-Appellants, v. REGIONAL BOARD OF SCHOOL TRUSTEES OF McLEAN-De WITT COUNTIES, State of Illinois, Donald L. Robinson, in his capacity as Regional Superintendent of Schools of McLean-De Witt Counties, State of Illinois and as Secretary Ex-Officio of the Regional Board of School Trustees of McLean-De Witt Counties, State of Illinois, Board of Education of Clinton Community Unit School District No. 15, Board of Education of Heyworth Community Unit School District No. 4, Board of Education of Olympia Community Unit School District No. 16, Board of Education of Leroy Community Unit School District No. 2, Board of Education of Blue Ridge Community Unit School District No. 18, Committee of Ten Petitioners, namely Paul I. Armstrong, Thomas B. Bray, Robert D. Doenitz, James E. Hart, Eleanor W. Hull, Nancy J. Kuntz, Raymond J. Ryan, Robert E. Thorp, Lawrence P. Toohill, and Patrick Toohill, Jr., Gregory C. Knapp, Gary Archey, Robert Meeker, Ronald D. Thomas, Jane A. Thomas, Orvle D. Musick, Sharon K. Musick, Art Lappin, Raymond North, Pam Elliot, Terry Ferguson, Allen Elliot, Lawrence Olson, Lori Wiseman, Roger Little, Dorothy Hickman, Kim Donovan, Lisa Crum, Shelley D. Holland, Rex Haycraft, Jay Haycraft and Chris Haycraft, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided June 24, 1993.

Rehearing Denied July 7, 1993.

Attorney(s) appearing for the Case

Everett E. Nicholas, Jr., Merry C. Rhoades (argued), Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., Carbondale, for plaintiffs-appellants.

Gregory C. Knapp (argued), Saint & Ambrose, P.C., Bloomington, for Committee of Ten.

Bruce Gammage, State's Atty., Clinton, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, for defendants-appellees.

Justice GREEN delivered the opinion of the court:

Section 7-2a(b) of the School Code (Code) provides that a "school district with a population of less than 5,000 residents shall be dissolved and its territory annexed as provided in Section 7-11 by the regional board of school trustees upon the filing with [that board] of* * * or a petition signed by a majority of the registered voters of the district." (Emphasis added.) (105 ILCS 5/7-2a(b) (West...

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