BD. OF EDUC. v. BD. OF SCHOOL TRUSTEES

Nos. 2-11-0360, 2-11-0391.

969 N.E.2d 431 (2012)

360 Ill. Dec. 621

The BOARD OF EDUCATION OF MARQUARDT SCHOOL DISTRICT NO. 15, Du Page County, Illinois, Plaintiff-Appellant, v. The REGIONAL BOARD OF SCHOOL TRUSTEES OF Du PAGE COUNTY, Illinois; Darlene J. Ruscitti, Regional Superintendent of Schools and ex officio Secretary of the Regional Board of School Trustees of Du Page County, Illinois, Martha Rogers, President, Gloria K. Scigousky, Trustee, Laura Pollastrini, Trustee, James Shehee, Trustee, Timothy Whelan, Trustee, Joseph Wozniak, Trustee, Gene Campbell, Trustee; The Board of Education of Glenbard Township High School District No. 87, Du Page County, Illinois; The Board of Education of Bloomingdale School District No. 13, Du Page County, Illinois; The Board of Education of Lake Park High School District No. 108, Du Page County, Illinois; The Committee of Ten for the Petition to Detach Territory from Marquardt School District No. 15 and Glenbard Township High School District 87 and Annex the Same to Bloomingdale School District 13 and Lake Park High School District 108, All In Du Page County, Illinois, Consisting of Petitioners Robert Canick, Vincent E. Saviano, Tanya Surdo, Shirley Taylor, Qamaruddin Khan, Sabera Khan, Fran Positano, Teodora Canick, Iqbal Pagany, and Arthur Swann; and Christopher Koch, State Superintendent of Education for the Illinois State Board of Education, Defendants-Appellees. The Board of Education of Glenbard Township High School District No. 87, Du Page, County Illinois, Plaintiff-Appellant, v. The Regional Board of School Trustees of Du Page County, Illinois, Darlene J. Ruscitti, Superintendent and ex officio Member of the Regional Board of School Trustees of Du Page County, Illinois, Martha Rogers, President, Gene Campbell, Member, Gloria K. Scigousky, Member, Laura Pollastrini, Member, James Shehee, Member, Timothy Whelan, Member, Joseph Wozniak, Member; The Committee of Ten for the Petition to Detach Territory from Marquardt School District 15 and Glenbard Township High School District 87 and Annex the Same to Bloomingdale School District 13 and Lake Park High School District 108, All in Du Page County, Illinois: Robert Canick, Vincent E. Saviano, Tanya Surdo, Shirley Taylor, Qamaruddin Khan, Sabera Khan, Fran Positano, Teodora Canick, Iqbal Pagany, Arthur Swann; Christopher A. Koch, State Superintendent of Education for the Illinois State Board of Education; The Boards of Education of Marquardt School District 15, Bloomingdale School District 13, and Lake Park High School District 108, All in Du Page County, Illinois, Defendants-Appellees.

Appellate Court of Illinois, Second District.

April 24, 2012.


Attorney(s) appearing for the Case

Thomas J. Canna , Canna & Canna, Ltd., Orland Park, for Board of Education of Marquardt School Dist. No. 15

Robert B. Berlin , Du Page County State's Attorney, Wheaton ( Lisa Anne Hoffman , Assistant State's Attorney, of counsel) for Regional Board of School Trustees of Du Page County, Illinois, Darlene J. Ruscitti, Regional Superintendent.

Christopher J. Stull , Law Office of Christopher J. Stull, P.C., West Chicago, for Committee of Ten.

Respicio F. Vazquez , Brian P. Crowley , Scott R. Metcalf , Franczek Radelet, P.C., Chicago, for Board of Education of Glenbard Township High School Dist. No. 87.


OPINION

Justice BURKE delivered the judgment of the court, with opinion.

¶ 1 On October 3, 2008, Robert Canick, Vincent E. Saviano, Tanya Surdo, Shirley Taylor, Qamaruddin Khan, Sabera Khan, Fran Positano, Teodora Canick, Iqbal Pagany, and Arthur Swann, as a committee of 10 representing two subdivisions (collectively, petitioners), sought to detach their territory from the boundaries of Marquardt School District...

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