BD. OF EDUC., JOLIET TP. v. LINCOLN WAY

No. 3-06-0278.

868 N.E.2d 337 (2007)

The BOARD OF EDUCATION, JOLIET TOWNSHIP HIGH SCHOOL DISTRICT NO. 204, County of Will, State of Illinois, a body politic, Plaintiff-Appellant, v. The BOARD OF EDUCATION, LINCOLN WAY COMMUNITY HIGH SCHOOL DISTRICT NO. 210, County of Will, State of Illinois, a Body of Politic, Illinois State Board of Education, Randy J. Dunn, an Individual, Jesse H. Ruiz, an Individual, Christopher Ward an, Individual, Vinni M. Hall, an Individual, Joyce E. Karon, an Individual, Andrea S. Brown, an Individual, Dean E. Clark, an Individual, David L. Fields, an Individual, Edward J. Geppert, Jr., an Individual, Brenda J. Holmes, an Individual, Harry A. Blackburn, an Individual, Judy J. Jacobs, an Individual, Wibur H. Brookman, an Individual, Maryann Brookman, an, Individual, Terry L. Jacobs, an Individual, and Prairie Bank and Trust Company, as Trustee under Trust 95072, Defendants-Appellees.

Appellate Court of Illinois, Third District.

Rehearing Denied June 20, 2007.


Attorney(s) appearing for the Case

Timothy J. Rathbun (argued), Lisa G. Chastain, Rathbun, Cservenyak & Kozol, LLC, Joliet, for Board of Education, Joliet Twp. High School No. 204.

Thomas P. Polacek (argued), McNamara & Phelan, Joliet, for Board of Education, Lincoln Way High School No. 210.

Lisa Madigan, Attorney General, Richard S. Huszagh, Assistant Attorney General, Chicago, for Illinois State Board of Education.


Justice McDADE delivered the opinion of the court:

Respondent, the Joliet Township Board of Education1, appeals from an order of the circuit court of Will County, which affirmed a decision of the Illinois State Board of Education granting a petition to detach certain property from the Joliet Township district and annex it to the Lincoln Way district pursuant to section 7-2b of the Illinois School Code (Code). (105 ILCS 5/7-2b (West 1998...

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