Find Laws Find Lawyers Free Legal Forms USA State Laws
Laws-info.com » Cases » Illinois » 5th District Appellate » 2004 » Libbra v. Madison County Regional Board of School Trustees
Libbra v. Madison County Regional Board of School Trustees
State: Illinois
Court: 5th District Appellate
Docket No: 5-04-0087 Rel
Case Date: 03/11/2004

                    NOTICE
Decision filed 03/11/04.  The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same.

NO. 5-04-0087

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT


ALAN LIBBRA,

     Petitioner-Apppellant,

v.

THE MADISON COUNTY REGIONAL BOARD OF
SCHOOL TRUSTEES; THE MACOUPIN COUNTY
REGIONAL BOARD OF SCHOOL TRUSTEES;
THE MADISON COUNTY REGIONAL
SUPERINTENDENT AND EX-OFFICIO
SECRETARY OF THE REGIONAL BOARD OF
SCHOOL TRUSTEES OF MADISON COUNTY,
HARRY BRIGGS; THE MACOUPIN COUNTY
REGIONAL SUPERINTENDENT AND
EX-OFFICIO SECRETARY OF THE REGIONAL
BOARD OF SCHOOL TRUSTEES OF MACOUPIN
COUNTY, LARRY PFEIFER; LIVINGSTON
COMMUNITY CONSOLIDATED SCHOOL
DISTRICT NO. 4 SUPERINTENDENT, ROBERT
FALAST; HIGHLAND COMMUNITY UNIT
SCHOOL DISTRICT NO. 6 SUPERINTENDENT,
JAMES BURGETT; RITA F. ZELLER; JERRY L.
ZELLER; SARA B. SCHLEMER; KEN A.
SCHLEMER; TERRY ALAN WRAY; DELORES A.
MARTINTONI; DEBRA A. ATWOOD; MICHAEL
G. BEST; JACKIE L. BARLOW; STAUNTON
COMMUNITY UNIT SCHOOL DISTRICT NO. 6
SUPERINTENDENT, KYLE HLAFKA; THE
BOARD OF EDUCATION OF THE STAUNTON
COMMUNITY UNIT SCHOOL DISTRICT NO. 6;
THE BOARD OF EDUCATION OF HIGHLAND
COMMUNITY UNIT SCHOOL DISTRICT NO. 5;
THE BOARD OF EDUCATION OF THE
LIVINGSTON COMMUNITY CONSOLIDATED
SCHOOL DISTRICT NO. 4; BOBBY COLLINS, SR.;
CLYDE JONES, SR.; YVONNE MILAM; TERRY
TAAKE; EARL VUAGNIAUX; CHARLES WEISS;
MICHAEL McNAMEE; STERLING ALLEN;
MICHAEL PAINTER; JEROME SIEVERS; LYLE
STOECKER; ROBERT YOUNG; WENDELL
ARMOUR; CONNIE S. HOLLAND; and MICHELLE
A. ZIPPAY, COUNTY CLERK OF MACOUPIN
COUNTY,

     Respondents-Appellees.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Appeal from the
Circuit Court of
Madison County.

No. 03-MR-753






































Honorable
Lola P. Maddox,
Respondents-Appellees.
 




JUSTICE HOPKINS delivered the opinion of the court:

The petitioner, Alan Libbra, appeals the trial court's interlocutory order granting themotion of the respondents, the Madison County Regional Board of School Trustees et al.,to lift a stay imposed by statute once a party has filed a complaint for administrative review(105 ILCS 5/7-7 (West 2002)). The petitioner appealed under Supreme Court Rules307(a)(1) and (d) (188 Ill. 2d Rs. 307(a)(1), (d)). We vacate the trial court's order.

FACTS

On October 27, 2003, a petition to annex the Livingston Community ConsolidatedDistrict No. 4 (Livingston), in Madison County, to the Staunton Community Unit SchoolDistrict No. 6 (Staunton), in Macoupin County, was filed pursuant to section 7-2 of theSchool Code (105 ILCS 5/7-2 (West 2002)). The petition also asked that the regional boardsimplement and ensure that the matter of the petition be submitted "to the voters of both theLivingston Community Consolidated School District No. 4 and the Staunton CommunityUnit School District No. 6 at the next regularly scheduled election on March 16, 2004."

On November 17, 2003, two of the respondents-the Madison County Regional Boardof School Trustees and the Macoupin County Regional Board of School Trustees-held aspecial joint meeting to consider the petition to annex filed on October 27, 2003.

The respondent Harry Briggs, the regional superintendent and ex officio secretary ofthe Madison County Regional Board of School Trustees, advised the chairperson that thepetitioner had filed an objector's exhibit, containing six written objections, that day. The petitioner's written objections were as follows: (1) that the regional boards have discretionon the question of whether to allow the election petitioned for but are failing to exercise theirdiscretion and are failing to consider the results of a commissioned study, (2) that the studyrecommends that Livingston be annexed to Highland Community Unit School District, (3)that "[t]he time has not expired to challenge the 'Petition in Opposition of the Dissolution ofthe Livingston Community Consolidated School District No. 4' which could bar the presentaction," (4) that the petition for annexation is barred by the two-year ban on successivepetitions, (5) that the statutory requirements of sections 7-6(h) through (k) of the SchoolCode (105 ILCS 5/7-6(h) through (k) (West 2002)) have not been met, and (6) that there hasbeen a lack of an opportunity to review and oppose the petition for annexation and a lack ofa reasonable time to obtain the withdrawals of signatures from the petition.

The substance of the petition to annex was stated, i.e., Harry Briggs stated that theregional board had reviewed the Madison County portion of the petition and that it had foundthe "prayer and the signatures to be in order." The respondent Larry Pfeifer, the regionalsuperintendent and ex officio secretary of the Regional Board of School Trustees ofMacoupin County, also stated that the regional board had reviewed the Macoupin Countyportion of the petition to annex and that "a majority of the qualified voters" of the StauntonCommunity Unit School District No. 6 had signed the petition. The Madison CountyRegional Board of School Trustees and the Macoupin County Regional Board of SchoolTrustees each made and passed a motion to pass the petition to annex and to place the matteron the respective ballot at the March 16, 2004, election. After the petition to annex waspassed, public comment was requested, but no public comment was made.

On December 22, 2003, the petitioner filed his complaint for the administrativereview of the decision made by the joint regional boards on November 17, 2003. On January29, 2004, the respondents filed a motion to lift the statutory stay mandated by section 7-7 ofthe School Code. That provision states in pertinent part as follows: "The commencement ofany action for judicial review shall operate as a stay of enforcement, and no furtherproceedings shall be had until final disposition of such review." 105 ILCS 5/7-7 (West2002). The respondents' motion requested only that the statutory stay be lifted temporarilyin order to allow the matter to be placed on the ballot for the March 16, 2004, generalelection.

On January 29, 2004, the court heard arguments concerning the respondents' motionto lift the statutory stay. The court entered an order on January 30, 2004, partially lifting thestatutory stay imposed, thereby allowing the question of the annexation of Livingston toStaunton to be placed on the ballot in Macoupin County and the question of the dissolutionand annexation of Livingston to Staunton to be placed on the ballot in Madison County. Thepetitioner filed his interlocutory appeal and requested that the appeal be expedited.

ANALYSIS

The parties disagree on the standard of review. We find the reasoning of LAS, Inc.v. Mini-Tankers, USA, Inc., 342 Ill. App. 3d 997 (2003), applicable. In LAS, Inc., this courtheld that it is the nature of the question presented to the court and not the supreme court rulethat dictates the standard of review. LAS, Inc., 342 Ill. App. 3d at 1001. Where the court'sreview is of a legal question, such as the interpretation of a statute, which we have here, thestandard of review is de novo. LAS, Inc., 342 Ill. App. 3d at 1001. Accordingly, we applythe de novo standard of review.

In this case, the petitioner argues that the language of section 7-7 of the School Coderequires that the petition to annex cannot be placed on the March 16, 2004, ballot becausethe statute mandates that no further proceedings can occur after the complaint foradministrative review is filed. We do not agree for the following reasons.

The petition filed on October 27, 2003, contained two requests: that the boundariesbe changed for Livingston and that a referendum concerning the public question of thechanging of the boundaries be put on the ballot of the March 16, 2004, general election. Thus, the petition set in motion two separate processes, one governed by the School Code(105 ILCS 5/1-1 et seq. (West 2002)) and one governed by the Election Code (10 ILCS 5/1-1et seq. (West 2002)). Section 7-7.5 of the School Code provides that elections concerningmatters such as the one presented here are to be conducted in accordance with the generalelection law. 105 ILCS 5/7-7.5 (West 2002). Thus, because both the School Code and theElection Code are applicable to the situation, we must construe the codes in harmony witheach other, if possible, consistent with the legislative intent of both statutes. McRell v.Jackson, 49 Ill. App. 3d 86 (1977).

Section 7-7 of the School Code states, "The commencement of any action for judicialreview shall operate as a stay of enforcement, and no further proceedings shall be had untilfinal disposition of such review." 105 ILCS 5/7-7 (West 2002). The purpose of this section"is to prevent confusion among students, school bodies[,] and others affected and to avoidunnecessary complications in the expenditure of public funds." Board of Education of GolfSchool District No. 67 v. Regional Board of School Trustees of Cook County, 89 Ill. 2d 392,402 (1982). In Board of Education of Golf School District No. 67, the Illinois SupremeCourt held that allowing detachment-area children to attend the annexing school districtduring the pendency of the appeal of the decision violated section 7-7. Board of Educationof Golf School District No. 67, 89 Ill. 2d at 402. The supreme court's holding was in accordwith the purpose of the statute.

Section 10-8 of the Election Code (10 ILCS 5/10-8 (West 2002)) establishes thatpetitions to submit public questions for a referendum are deemed valid unless an objectionis made in writing within five business days after the last day for filing the petition for apublic question. 10 ILCS 5/10-8 (West 2002); Geer v. Kadera, 173 Ill. 2d 398 (1996). Section 28-4 of the Election Code provides that sections 10-8 through 10-10.1 of the ElectionCode (10 ILCS 5/10-8 through 10-10.1 (West 2002)) pertain to objections to petitions for thesubmission of questions of public policy. 10 ILCS 5/28-4 (West 2002). Section 10-9 of theElection Code (10 ILCS 5/10-9 (West 2002)) also provides that electoral boards are toresolve disputes concerning elections; section 10-10 (10 ILCS 5/10-10 (West 2002)) givesthe electoral boards the power to administer oaths, issue subpoenas, and examine witnesses;and section 10-10.1 provides for judicial review. Geer, 173 Ill. 2d at 406. However, section28-4 of the Election Code also states as follows:

"Where a statute authorizing a public question specifies judicial procedures forthe determination of the validity of such petition, or for the determination by the courtas to any findings required prior to ordering the proposition submitted to referendum,the procedures specified in that statute shall govern." 10 ILCS 5/28-4 (West 2002).

If an objector does not use these procedures, any objection will be waived. Geer, 173 Ill. 2dat 406. Further, a circuit court does not have original jurisdiction over objections to electionmatters such as objections to nomination papers and referendums of public questions. Geer,173 Ill. 2d at 407. The electoral board has been vested with original jurisdiction to hearelection disputes. Geer, 173 Ill. 2d at 407.

Section 28-5 of the Election Code requires that the local election official certify thepublic questions to be submitted to the voters not less than 61 days before a regularlyscheduled election. 10 ILCS 5/28-5 (West 2002). Section 28-6 of the Election Codeprovides the requirements for a petition for a question of public policy. 10 ILCS 5/28-6(West 2002). Section 28-6(a) also provides in pertinent part as follows:

"Where such a question is to be submitted to the voters of *** a township or schooldistrict located entirely within the jurisdiction of a municipal board of electioncommissioners, such petitions shall be filed with the board of election commissioners having jurisdiction over the political subdivision." 10 ILCS 5/28-6(a) (West 2002).

With these various statutes in mind, we attempt to resolve the conundrum of the issueplaced before this court by this appeal. We determine that the conundrum exists because anelection, governed by the Election Code, is being challenged by the use of the School Code,without utilizing the statutory election-challenge procedures set out in the Election Code.

Clearly, section 7-7 of the School Code imposes a "stay of enforcement" of "furtherproceedings" when judicial review is sought. 105 ILCS 5/7-7 (West 2002). Section 7-7 justas clearly does not give authority to stay the election process as controlled by the ElectionCode.

None of the petitioner's six objections asserted that the petition filed with the regionalboards on October 27, 2003, was not in conformance with the requirements of the ElectionCode. Therefore, because there were no timely filed objections to the petition under theElection Code, the petitioner waived his objections to the election process. Additionally,under the Election Code, when there is no timely objection to a petition to place areferendum of a public question on a ballot, the referendum is considered to be valid. Thus,the respondents' request for the questions to be placed upon the March 16, 2004, ballot couldhave proceeded without the court's order. It was not necessary for the trial court to lift theautomatic stay of the School Code.

Additionally, even if the petitioner had objected to the election process as requiredby the Election Code, the trial court would not have had jurisdiction over the objections. As noted, the court in Geer stated that the trial court does not have original jurisdiction over theobjections to an election process; only the electoral boards have original jurisdiction. Geer,173 Ill. 2d at 407. We need not reach the issue of when a trial court can lift an automaticstay of "further proceedings" under section 7-7 of the School Code.

CONCLUSION

For the foregoing reasons, the judgment of the circuit court of Madison County is vacated.

Vacated.

CHAPMAN, P.J., and KUEHN, J., concur.

Illinois Law

Illinois State Laws
Illinois Tax
Illinois Court
Illinois Labor Laws
    > Minimum Wage in Illinois
Illinois Agencies
    > Illinois DMV

Comments

Tips