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POCHOPIEN v. REG. BD. OF SCHOOL TRUSTEES

No. 2-00-0386.

748 N.E.2d 710 (2001)

322 Ill. App.3d 185

255 Ill.Dec. 6

Donald J. POCHOPIEN, Helen K. Pochopien, Alan J. Goldstein, Michelle R. Goldstein, William F. Graham, Jr., Lynn C. Graham, Jeffrey M. Terchin, Deborah G. Terchin, Robert V. Polansky, and Darrell R. Overcash, Indiv. and as a Committee of Ten, Plaintiffs-Appellants, v. The REGIONAL BOARD OF SCHOOL TRUSTEES OF The LAKE COUNTY EDUCATIONAL SERVICE REGION; Barry J. Carroll, Alison B. Frank, Gary Friendlander, Constance Hoth, Roy E. Lucke, Edward May, Larry McShane, Indiv. and as Members of the Regional Board of School Trustees of the Lake County Educational Service Region; The Board of Education of Kildeer Countryside Community Consolidated School District 96; The Board of Education of Fremont School District 79; Lake County Regional Superintendent of Schools; Edward J. Gonwa, Indiv. and as Lake County Regional Superintendent of Schools and as ex-officio Secretary, the Regional Board of School Trustees of the Lake County Educational Service Region, Defendants-Appellees.

Appellate Court of Illinois, Second District.

Rehearing Denied June 15, 2001.

Attorney(s) appearing for the Case

Dom J. Rizzi, Miller, Faucher & Cafferty LLP, Chicago, for Michelle R. Goldstein, Alan J. Goldstein, Lynn C. Graham, William F. Graham, Jr., Darrell R. Overcash, Donald J. Pochopien, Helen K. Pochopien, Robert V. Polansky, Deborah G. Terchin, Jeffrey M. Terchin.

Michael J. Waller, Lake County State's Attorney, Karen D. Fox, Assistant State's Attorney, Waukegan, for Regional Bd. of School Trustees of Lake County. A. Lynn Himes, Alan M. Mullins, Scariano, Ellch, Himes, Sraga & Petrarca, Chtd., Chicago Heights, for Board of Education of Freemont School Dist. No. 79.

Mathias W. Delort, Heidi A. Katz, Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., Chicago, for Bd. of Education of Kildeer Countryside Dist. No. 96, Barry J. Carroll, Alison B. Frank, Gary Friendlander, Edward J. Gonwa, Constance Hoth, Roy E. Lucke, Edward May, Larry McShane.

Justice O'MALLEY delivered the opinion of the court:

Plaintiffs, Donald J. Pochopien et al., appeal the circuit court's judgment affirming the decision of the Regional Board of School Trustees of the Lake County Educational Service Region (Regional Board) to deny plaintiffs' petition to detach the entire subdivision commonly known as "the Cobblestone of Long Grove" (Cobblestone) from Fremont School District 79 (District 79) and annex it to Kildeer Countryside...

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