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Pochopien v. Regional Board of School Trustees of the Lake County Educational Service Region
State: Illinois
Court: 2nd District Appellate
Docket No: 2-00-0386 Rel
Case Date: 04/24/2001

April 24, 2001

No. 2--00--0386


IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT


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
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.

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Appeal from the Circuit Court
of Lake County.










Nos. 99--MR--432
     99--MR--437(Consolidated)























Honorable
Christopher C. Stark,
Judge, Presiding.

JUSTICE O'MALLEY delivered the opinion of the court:

Plaintiffs, Donald J. Pochopien et al., appeal thecircuit court's judgment affirming the decision of the Regional Board of SchoolTrustees of the Lake County Educational Service Region (Regional Board) to denyplaintiffs' petition to detach the entire subdivision commonly known as"the Cobblestone of Long Grove" (Cobblestone) from Fremont SchoolDistrict 79 (District 79) and annex it to Kildeer Countryside CommunityConsolidated School District No. 96 (District 96).

BACKGROUND

Although plaintiffs' petition, filed December 1, 1998, statesnothing more specific than annexation to District 96 as its sought remedy,plaintiffs' design in filing the petition, as will be seen, was to have theirchildren attend Country Meadows Elementary School (Country Meadows) and WoodlawnMiddle School (Woodlawn) in District 96 (jointly Country-Woodlawn).

Cobblestone subdivision, comprised of 23 houses on a total of32 lots, is in the Village of Long Grove and in District 79. Cobblestone'swestern boundary is shared not only by the boundary that partly forms thesoutheast corner of District 79 and the northwest corner of District 96, butalso by the eastern boundary of the school grounds of Country Meadows andWoodlawn, both of which are in Long Grove. Country Meadows comprises grades onethrough three, and Woodlawn comprises grades four through eight. Country Meadowsand Woodlawn both were built after Cobblestone was developed. Cobblestone iswithin a very short distance of the two schools.

Currently, Cobblestone has 22 school-age children.Cobblestone children in grades one through eight attend Fremont ElementarySchool and Fremont Middle School (jointly Fremont) in District 79, both of whichare in the Village of Mundelein approximately 5.8 miles from Cobblestone.Depending on traffic, a one-way trip between Cobblestone and Fremont can rangefrom 20 to 50 minutes. Approximately 30% of District 79 students attendStevenson High School, which is also attended by all District 96 students, andthe remaining students attend Mundelein High School. District 79 has anenrollment of 1,400 students, and District 96 has 3,716 students. Cobblestonestudents are the only Long Grove residents who attend school in District 79rather than District 96.

At a hearing before the Regional Board, plaintiffs arguedthat, by being required to commute several miles to Fremont for school,Cobblestone children are placed at risk needlessly, given that Country-Woodlawnliterally is next door to Cobblestone. The Regional Board accepted into evidenceseveral letters, all dated before the petition was filed, that plaintiffsoffered to show Long Grove's and District 96's mutual desire to foster a senseof community. In this correspondence, which deals with issues such as a proposedwalking path between Cobblestone and Country-Woodlawn, District 96 welcomes theinvolvement of the Long Grove Park District in the development of the newschools (Country-Woodlawn) and expresses a desire to be a "goodneighbor" to Cobblestone and an interest in having representatives on LongGrove village planning committees.

[Nonpublishable material under Supreme Court Rule 23omitted here.]

Over defendants' objection, the Regional Board admitted intoevidence a document entitled "Financial Impact," which plaintiffsoffered to show the fiscal consequences that detachment and annexation wouldhave for District 79 and District 96. The document reflects that District 79'scost of educating each student in 1997 was $6,619, resulting in a total cost of$143,418 for educating 22 students (the number of students in Cobblestone). In1997, District 79 received $108,200.40 in tax revenue from the 23 houses inCobblestone (the average revenue per house in District 96 being $4,074 in 1997).Thus, in 1997, the cost of educating the Cobblestone students exceeded revenuederived from Cobblestone by $35,217.60. The document further shows that District79's cost per student remained constant from 1997 to 1998 but that its taxrevenue from Cobblestone increased to $122,312.40 in 1998. Thus, in 1998,District 79's cost of educating the 22 Cobblestone students exceeded the revenuethe district received from the 23 Cobblestone houses by $21,106.

The document further shows that District 96's cost ofeducating each student in 1997 was $5,552, resulting in a total cost of $122,144for educating 22 students (the number of students in Cobblestone) in 1997. Taxrevenue per 23 houses (the number of houses in Cobblestone) in 1997 was$121,054.70 (the average revenue per house in District 96 being $5,263 in 1997).Thus, District 96's cost of educating 22 students in 1997 exceeded the revenuefrom 23 houses by $1,089.30. According to the document, District 96's taxrevenue per 23 houses increased to $136,843.70 in 1998 while its cost ofeducating each student remained constant. Thus, in 1998, the revenue from 23houses exceeded by $14,699.70 the cost of educating 22 students from asubdivision comprised of 23 homes.

Plaintiffs argued that these figures demonstrate thatDistrict 96 is better able financially to educate the 22 Cobblestone studentsthan is District 79, and that District 79 would in fact receive a financialbenefit in the form of a decreased deficit from losing the Cobblestone students.Although the financial impact statement is ambiguous in parts, we interpret itas comparing District 79's costs versus the revenue derived from the 23Cobblestone houses themselves against District 96's cost of educating 22students versus its revenue derived per 23 houses, based on the average revenueper house in District 96. Although defendants objected to admission of thefinancial impact statement only on hearsay grounds, they also expressed anintent to challenge the substance of the document during their presentation byshowing that it was "misleading" and that it "compared data fromthe wrong years." As we note below, defendants did not successfully followthrough on this design.

District 79 presented the testimony of three witnesses: Dr.Gary Mical, superintendent for District 79; Karen Kolb, who has resided with herfamily in Cobblestone for seven years; and Andrew Rieder, president of District79's board of education, father of four children who attend Fremont, andresident of Hawthorne Woods, located less than two miles northwest ofCobblestone.

Concerning District 79's revenue, Dr. Mical testified asfollows. The district receives approximately $102,000 in tax revenue per yearfrom Cobblestone and anticipates receiving $148,000 in revenue per year onceCobblestone is completely built. Approximately 30% of the 34 square miles inDistrict 79 have been developed. Significant housing development near theeastern and western boundaries of the district is anticipated. There is thepotential for "an enormous amount" of housing in the northern part ofthe district. Some parts of District 79, however, could end up in a taxincrement financing district comprised of an industrial development. Thedevelopment could employ anywhere between 9,000 and 12,000 people and wouldcause an intense population increase, an influx of students, and increasedexpenses. However, the development would not result in a revenue increase forabout 23 years.

Dr. Mical testified that District 79 anticipated an increaseof approximately 10%, or 300 students, per year. Asked oncross-examination whether the loss of the 22 Cobblestone students would besignificant when compared to the estimated 300 students to be gained each year,Dr. Mical stated that "if it is a question of losing 22 students versusgaining 300 students, obviously the numbers are fairly easy to be able todetermine. Three hundred students means it is going to have a lot more effect onlosing 22 students." Dr. Mical's answer is somewhat ambiguous and was notclarified by follow-up questions, but we interpret Dr. Mical as saying that theprojected gain of 300 students would bring a gain in revenue to offset the lossof Cobblestone students and would not simply increase costs. Thus, we considerthe gain of 300 students not to be part of the tax increment financing districtdescribed by Dr. Mical.

Dr. Mical testified thatthe district just completed construction on a $12.5 million elementary schoolbuilding. The students from Cobblestone were considered in the planning of thisbuilding, as was the tax revenue from Cobblestone. District 79 plans to buildanother elementary school building, but since it has been deficit spending atthe rate of $800,000 and projects a deficit next year of $1.3 million, itanticipates asking voters for a tax increase. If the referendum fails, then thedistrict "will be faced with the possibility of having significant cuts to[its] programs."

Dr. Mical testified that the detachment of Cobblestone wouldhave "a negligible effect" on the district's costs, although it wouldcause a loss of revenue. A charter school recently was approved by the StateBoard of Education for District 79, which will result in a loss of 60 studentsand a maximum of $400,000 in revenue but will have no impact on the costs of thedistrict. Dr. Mical stated that "[a]ny loss of revenue at this particulartime will have a deleterious effect" on the district.

Asked to compare District 79 and District 96 in terms ofeducational resources, Dr. Mical testified that District 96 is "reallyalmost a mirror district" to District 79 in terms of curriculum. There areno significant differences between the facilities of the two districts. Dr.Mical testified that he was unaware of complaints from Cobblestone parentsregarding the commute to Fremont.

Kolb and Reider testified that their children were nothindered in their participation in extracurricular activities at Fremont and inessence that they shopped, dined and otherwise recreated in several nearbycommunities. Kolb conceded that she could not give an opinion as to the extentto which Cobblestone residents in general patronize Long Grove businesses andparticipate in Long Grove activities.

[Nonpublishable material under Supreme Court Rule 23 omitted here.]

District 96 presented three witnesses: Dr. Many,superintendent of District 96; Kent Blake, assistant superintendent for businessfor District 96; and Dr. Walter Friker, assistant superintendent for instructionfor District 96, secretary and president-elect of the Long Grove Rotary Club,and a resident of Palatine.

Dr. Many testified that, when District 96 determined whichareas of the district would feed into Country Meadows, it did not considerCobblestone. Dr. Many testified that if Cobblestone were annexed, District 96would construct no new facilities. Additional part-time teachers might be hired,depending on where the students were assigned and on final enrollments. AlthoughDr. Many stated that he "would be concerned that students were leaving onedistrict and joining a new district," he conceded that he could notidentify the cause for his concern. Dr. Many testified that there would be noguarantee that Cobblestone students would attend the District 96 schools closestto them. He did not identify the basis for this statement. Dr. Many alsotestified that District 96, unlike District 79, has a "cut policy" inathletics: students compete for positions on the teams. Dr. Many stated thatCobblestone kindergartners would have to attend a kindergarten facility in thesoutheast corner of District 96. Blake testified that District 96 recently votednot to increase taxes with the understanding that the district boundaries wouldremain stable. Blake stated that District 96 is levying at the maximum rate inits education fund but at slightly below the maximum in its operations fund andtransportation fund. Blake stated that he questioned plaintiffs' financialimpact statement because it showed "revenue as opposed to ***expenses," but he was not asked to elaborate on this comment. He alsotestified that he thought the statement was flawed because it showed costs asremaining constant from 1997 to 1998. On cross-examination, Blake admitted thathe was not certain that the cost of educating each student would not remain thesame from 1997 to 1998, but stated it was his "professional opinion"that there would be an increase based on past increases of about 5% per year.

Dr. Friker testified that his involvement with the RotaryClub has given him "some familiarity" with the community trends in thearea of Long Grove. He stated that, based on his experience with the RotaryClub, which involved "dealing with the actual business persons of LongGrove at the leadership level," he believed that Kolb's description of theshopping trends in the area was "essentially accurate." Dr. Frikertestified that District 79 and District 96 are "very, very similar" interms of their compliance with state-mandated criteria and are "bothquality districts that offer students comparable programs." Dr. Frikerstated that transferring Cobblestone children into District 96 "would nothave a negative affect [sic] on their educational achievement."

Following the testimony of the parties, 10 residents ofCobblestone voiced their support for the petition. Their concerns centeredaround the distance of Fremont from Cobblestone, which, they claimed, not onlyendangers Cobblestone students by necessitating a lengthy commute but alsoprevents some of the students from participating in some after-school activitiesand promotes a sense of isolation from Fremont. They observed, inter alia,that their local newspaper does not cover news concerning Fremont, thattransportation to Fremont presented serious problems and prevented some childrenfrom extracurricular participation, and that current boundaries requiredCobblestone students to attend a high school different from that attended bymost of their middle school classmates.

[Nonpublishable material pursuant toSupreme Court Rule 23 omitted here.]

In this timely appeal, plaintiffs argue that the decision ofthe Regional Board was against the manifest weight of the evidence. They arguethat the record clearly demonstrated that detachment and annexation would be inthe best interests of the Cobblestone children and would have minimal negativeimpact on District 79 and District 96. Plaintiffs also argue that the RegionalBoard members improperly based their decision on the precedential potential ofgranting the petition, i.e., the "domino effect."

[Nonpublishable material pursuant to SupremeCourt Rule 23 omitted here.]

In response, defendants argue that the Regional Board'sdecision was not against the manifest weight of the evidence. Defendants submitthat plaintiffs did not establish that the Cobblestone subdivision has acommunity of interest in Long Grove rather than in the surrounding areas.Defendants also assert that the financial impact of detachment on District 79would outweigh any benefit to Cobblestone and District 96. Lastly, defendantsdeny that the Regional Board's decision was based on the "dominoeffect." Because we reverse the Regional Board's decision on independentgrounds, as set forth below, we do not consider whether the Regional Boardrelied on the "domino effect."

ANALYSIS

School district boundary changes are governed by section7--01 et seq. of the School Code (Code) (105 ILCS 5/7--01 et seq.(West 1998)). Plaintiffs filed their petition under section 7--1 of the Code,which provides for the alteration of school district boundaries lying entirelywithin any educational service region. 105 ILCS 5/7--1 (West 1998). Section7--6(i) of the Code provides that, at a hearing on a petition for detachment andannexation filed under section 7--1, the regional board of school trustees

"shall hear evidence as to the school needs and conditions of the territory in the area within and adjacent thereto and as to the ability of the districts affected to meet the standards of recognition as prescribed by the State Board of Education, and shall take into consideration the division of funds and assets which will result from the change of boundaries and shall determine whether it is to the best interests of the schools of the area and the educational welfare of the pupils that such change in boundaries be granted." 105 ILCS 5/7--6(i) (West 1998).

The parties seeking annexation and detachment have the burdenof proving that "the overall benefit to the annexing district and thedetachment area clearly outweighs the resulting detriment to the losing districtand the surrounding community as a whole." Carver v.Bond/Fayette/Effingham Regional Board of School Trustees, 146 Ill. 2d 347,356 (1992). Petitioners must prove their case by a preponderance of theevidence. See 5 ILCS 100/10--15 (West 1998). The party bearing the burden ofproof retains throughout the proceedings the burden of persuasion as to thefacts underlying its claim. Ambrose v. Thornton Township School Trustees,274 Ill. App. 3d 676, 680 (1995). The party also bears initially the burden ofproduction, which it satisfies by presenting sufficient evidence on each elementof its cause of action to establish a prima facie case. Ambrose,274 Ill. App. 3d at 680. A prima facie case is made by evidence thatwould enable the trier of fact to find each element of the cause of action moreprobably true than not. Anderson v. Department of Public Property, 140Ill. App. 3d 772, 778 (1986). If the opposing party produces no evidence thatcontradicts or impeaches this evidence, the trier of fact must rule for theburdened party. Anderson, 140 Ill. App. 3d at 778.

A regional board of school trustees' decision on a petitionfor detachment and annexation is an administrative decision for purposes of theAdministrative Review Law (735 ILCS 5/3--101 et seq. (West 1998)). See105 ILCS 5/7--7 (West 1998). A reviewing court considers the factual findings ofan administrative agency to be prima facie true and correct. 735 ILCS5/3--110 (West 1994). The reversal of an administrative agency's factual findingis warranted only where the finding is against the manifest weight of theevidence and it is clearly evident that the agency should have reached theopposite conclusion. City of Freeport v. Illinois State Labor Relations Board,135 Ill. 2d 499, 507 (1990). Decisions of an administrative agency on questionsof law, such as the interpretation of a statute, are reviewed de novo. Cityof Freeport, 135 Ill. 2d at 507.

In balancing the benefit to the annexing district and to thedetachment area against the detriment to the detaching district and to thesurrounding community as a whole, regional boards and the courts reviewing theiractions should consider the following factors: the differences between schoolfacilities and curricula; the distances from the petitioners' homes to therespective schools; the effect detachment would have on the ability of eitherdistrict to meet State standards of recognition; and the impact of the proposedboundary change on the tax revenues of both districts. Carver, 146 Ill.2d at 356. The mere absence of substantial detriment to either district is notsufficient to support a petition for detachment and annexation. Carver,146 Ill. 2d at 358. However, petitioners need not demonstrate a particularbenefit to the annexing district as long as the overall benefit to the annexingdistrict and the detachment area considered together outweighs the resultingdetriment to the losing district and the surrounding community as a whole. Carver,146 Ill. 2d at 358, citing Board of Education of Golf School District No. 67v. Regional Board of School Trustees, 89 Ill. 2d 392, 400-01 (1982). In theabsence of substantial detriment to either school district, some benefit to theeducational welfare of the students in the detachment area is sufficient towarrant the granting of a petition for detachment. Carver, 146 Ill. 2d at358.

The Carver court provided some admonitions on how thebalancing test and relevant factors should be applied. The loss of revenue isnot a determinative factor in detachment proceedings and alone will not preventa boundary change if the district subject to detachment is not levying at themaximum tax rate. Carver, 146 Ill. 2d at 356. Whether a detachingdistrict can remain financially viable and able to comply with statutorystandards for recognition is more important than the size of the loss of taxrevenues and assessed valuation. Carver, 146 Ill. 2d at 356-57. Althoughfinancial loss to the detaching district is not irrelevant, it cannot serve asthe basis for a denial of detachment unless it is serious. Carver, 146Ill. 2d at 357.

Educational welfare is to be broadly interpreted. Carver,146 Ill. 2d at 359. Students' educational welfare is bettered not just throughimproved educational programs or facilities. Carver, 146 Ill. 2d at359-60. Betterment may also occur by way of a shortened distance betweenstudents' homes and their school. Carver, 146 Ill. 2d at 359-60; see alsoGolf, 89 Ill. 2d at 400 ("Students from the detachment area wouldbenefit by improved safety conditions in traveling to and from school"); Burnidgev. County Board of School Trustees, 25 Ill. App. 2d 503, 509 (1960)("In addition to the savings in transportation costs, and diminution intime spent daily by children riding a bus, there would be a certain safetyfactor by reason of diminution of exposure and certainly a lessening of fatigueaccompanying a long bus ride to and from school"); Board of Education ofJonesboro Community Consolidated School District No. 43 v. Regional Board ofSchool Trustees, 86 Ill. App. 3d 230, 234 (1980) (benefit of shorterdistance to school "would be reflected in time, safety, effort, andexpense"). A reduction in travel time, however, is not sufficient by itselfto justify a boundary change. First National Bank v. West Aurora SchoolDistrict 129, 200 Ill. App. 3d 210, 217 (1990); Fixmer v. Regional Boardof School Trustees, 146 Ill. App. 3d 660, 665 (1986). Although relevant, thepersonal preferences of the petitioners as to shopping, banking, et cetera,are not a sufficient basis for granting a petition. Carver, 146 Ill. 2dat 356, 358.

Students' educational welfare can also be improved through anincreased identification with their "natural community center," whichwould increase participation in school and extracurricular activities. Carver,146 Ill. 2d at 360. In Burnidge, the court observed that a student'sclose proximity to his school can foster an identification with his naturalcommunity center and that the resulting increased participation in schoolactivities "cannot but result in an improvement in the educational pictureof the entire area." Burnidge, 25 Ill. App. 2d at 509-10. Bycontrast, "an unnatural identification with a school district would have anopposite result with a corresponding loss of participation and resulting poorereducational picture." Burnidge, 25 Ill. App. 2d at 510.

We conclude that the Regional Board's decision denyingplaintiffs' petition was against the manifest weight of the evidence.Specifically, we determine that plaintiffs made a prima facie case fordetachment and annexation that defendants did not contradict or impeach. We notethat there is no factual dispute with respect to three of the four Carverfactors. First, the parties agree that the curricula and facilities of District79 and District 96 are not significantly different. Second, defendants adducedno evidence that detachment and annexation of Cobblestone would prevent eitherdistrict from complying with state standards. Third, it is undisputed thatCobblestone students currently undergo a significant commute to District 79elementary and secondary schools. It is also undisputed that District 96 hasboth an elementary school and a secondary school located on the lot contiguousto Cobblestone and that Cobblestone students are the only Long Grove residentswho attend school in District 79 rather than District 96.

There was testimony that travel to and from Fremont can beextremely onerous when traffic is heavy and that the duration of the commute ispreventing some students from participating in after-school activities. Therealso was testimony that some Cobblestone children have had trouble coping withtheir friends' attending a different high school from theirs upon graduationfrom Fremont. Cobblestone students, the parties agree, would all attend the samehigh school if Cobblestone were annexed to District 96. There also was testimonythat the distance from Fremont is creating a sense of isolation in Cobblestoneand that Fremont events and activities are not covered in the Long Grovenewspaper.

We find that Cobblestone's presence in District 79 hascreated a situation, contemplated by Burnidge, in which students, forcedto commute to a school well outside their neighborhood, are suffering from anunnatural identification with a school district that is not within theircommunity center. See Burnidge, 25 Ill. App. 2d at 510. We believe thatpermitting Cobblestone children to attend the District 96 schools in theirneighborhood would facilitate their participation in extracurricular activities,thereby making them more fulfilled students. Moreover, District 96 clearly wouldbe benefitted by the contributions of Cobblestone students.

Ironically, the benefits of Cobblestone children attendingthe District 96 schools contiguous to their subdivision was at one timerecognized by District 96 itself. Plaintiffs introduced evidence that the desireto foster a sense of community between Cobblestone and Country-Woodlawn wasreciprocal. In light of the obvious advantages of children attending a schoolonly a short distance from their homes, we hardly are surprised that we cannotfind another case in this state dealing with a situation in which a schooldistrict has opposed a petition to annex a subdivision located literally nextdoor to a school in that district. It is as much the distance betweenCobblestone and Country-Woodlawn as it is the distance between Cobblestone andFremont that makes plaintiffs' petition compelling.

As for the remaining factor--the financial impact ofannexation and detachment-- plaintiffs presented evidence that District 79currently is running a deficit in the education of Cobblestone students andwould benefit financially if relieved of the cost of educating these students.Indeed, that District 79, with an enrollment of 1,400, would be financiallyharmed in a significant way by the loss of 22 students is manifestlyimplausible, especially in light of its projected growth of 300 students peryear.

Based on the foregoing, we conclude that plaintiffs produceda prima facie case that granting their petition clearly would benefitCobblestone and District 96 more than that it would harm District 79 and thesurrounding community. Defendants did not contradict this prima faciecase. They presented no evidence that Cobblestone residents generally would notbenefit from inclusion in District 96. Kolb and Rieder, who testified that thedistance between Cobblestone and Fremont has not prevented their children fromparticipating in Fremont activities and that they could think of no significantbenefit that annexation to District 79 would confer on Cobblestone children,spoke for no one but themselves and their own families. Moreover, Rieder did notindicate how he, a resident of Hawthorne Woods, could be taken to represent theviews of Cobblestone residents.

Also inconsequential were defendants' attempts to show thatCobblestone residents do not consider Long Grove their community of interest.Kolb and Rieder testified that their families have little to do with Long Grove.However, Kolb testified only for herself and her family and expressly admittedthat she was unable to speak for Cobblestone generally. She certainly did notspeak for Helen Pochopien, a resident of Cobblestone who testified that sheregularly shops in Long Grove. Rieder, a resident of Hawthorne Woods, did notestablish how he could represent the views of Long Grove residents, much lessCobblestone residents. Dr. Friker testified that, as a member of the RotaryClub, he thought that Kolb's description of the "shopping trends" inCobblestone was "essentially accurate." Kolb, however, did not testifyabout general Cobblestone shopping trends. Nor, quite obviously, is amunicipality's sense of community built only on shopping.

Defendants did not rebut plaintiffs' evidence concerning thefinancial detriment the districts would suffer if Cobblestone were detached.Blake, the sole witness to address plaintiffs' financial impact statement,testified that it showed District's 96's "revenue as opposed toexpenses," but he did not develop this bare comment enough to show whatweight it might have. Blake criticized the financial impact statement forindicating that District 96's costs would not increase between 1997 and 1998,but he conceded that he was not certain that costs would not remain static.Also, Blake made no comment at all on the accuracy of the financial data forDistrict 79.

Defendants presented evidence that the detachment ofCobblestone would deprive District 79 of $102,000 in revenue, but we are unableto understand the significance of this figure because defendants did not produceevidence of District 79's total yearly revenue to place the figure inperspective. Defendants cite no cases giving us the authority to deem District79's projected loss of revenue as serious without our knowing what portion ofDistrict 79's total yearly revenue this loss would comprise. Defendants'opposition to the petition is weakened further by the complete absence from therecord of evidence that this loss would preclude District 79 from complying withstate standards. See Carver, 146 Ill. 2d at 356-57. Lastly, District 79'sclaim that the loss of the 22 Cobblestone students would cause significantrevenue loss is countered by its admission that it projects growth at the rateof 300 students per year with a corresponding increase in revenue.

Defendants also presented no evidence that the annexation ofCobblestone would deleteriously affect District 96. Dr. Many testified that theonly foreseeable change might be an increase in part-time teachers, which woulddepend on where the students were assigned and on the final enrollments. Blaketestified that District 96 had extended its existing debt in the expectationthat its boundaries would remain constant, but he did not explain how thisreliance would translate into a financial detriment to District 96 if annexationoccurred. Most significantly, defendants failed to explain what negative effectannexation would have on District 96's ability to comply with state standards.See Carver, 146 Ill. 2d at 356-57.

Based on the foregoing, we conclude that defendants not onlyfailed to rebut plaintiffs' calculation of the financial consequences of theproposed boundary change but they also generally failed to present evidence thatthe boundary change would result in serious financial detriment to either schooldistrict or would prevent either district from complying with state standards.Thus, defendants have failed to prove financial detriment sufficient to supportthe denial of plaintiffs' petition. See Carver, 146 Ill. 2d at 356-57.

We are mindful of Dr. Many's testimony that there is noguarantee that Cobblestone children would be able to attend Country Meadows andWoodlawn if the petition was granted. However, Dr. Many did not support thisassertion with a reference to an extrinsic source. Although we cannot discernthe attendance boundaries for Country-Woodlawn from the record, we findincredible the suggestion that Cobblestone children would not be within theattendance boundaries for these schools after annexation.

We also recognize that annexation to District 96 would forceCobblestone students to compete for positions on athletic teams whereas, inDistrict 79, every student is guaranteed a position. A school's athleticprograms, of course, are only one element of its educational mission. Moreover,it is far better for a student to undergo tryouts than to be unable toparticipate in an athletic program simply because his school is too far awayfrom his home, as is happening currently to some Cobblestone students.

Finally, we recognize that Cobblestone kindergarten studentswould be bused to a school in the southern portion of District 96 wereCobblestone annexed. These students, however, would each have to endure only oneyear of commuting as opposed to the several years of commuting currently enduredby each elementary and middle school child from Cobblestone. Moreover, there isno evidence in the record that the commute to District 96's kindergartenfacility would be any longer than the commute to District 79's kindergartenfacility.

In conclusion, defendants have failed to counter plaintiffs' primafacie showing that the significant distance between Fremont andCobblestone has hindered Cobblestone children's opportunity to participate inschool activities and caused them to feel isolated from their school. Plaintiffsalso have shown that annexation to District 96 would eliminate these problems byplacing Cobblestone students in a school located within their natural communitycenter. Defendants also failed to counter plaintiffs' prima faciecase by demonstrating a level of financial impact that would hinder eitherdistrict's ability to comply with state standards. We conclude that plaintiffsclearly demonstrated that the benefits of detachment and annexation outweigh anydetriments. Accordingly, we hold that the Regional Board's denial of plaintiffs'petition was against the manifest weight of the evidence.

The judgment of the circuit court of Lake County is reversed.

Reversed.

McLAREN and RAPP, JJ., concur.

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