ANNEXATION - ILLINOIS

Board of Educ. of Community High School Dist., No. 99, Du Page County v. Regional Bd. of School Trustees of Du Page County

Appellate Court of Illinois, Second District - September 4, 2013 - Not Reported in N.E.2d - 2013 IL App (2d) 121422

Families formed a committee pursuant to sections 7–1 and 7–6 of the School Code (105 ILCS 5/7–1, 7–6 (West 2010)), and filed a petition with the Regional Board of School Trustees seeking to detach 16 parcels within their subdivision (Territory) from the boundaries of Districts 58 and 99 and annex the Territory into the boundaries of Districts 53 and 86.

After an exhaustive analysis, the appeals court held that:

“In light of the evidence of the Territory’s connection to the Oak Brook community; the preference of Territory residents to attend the annexing schools; the closer distance of the annexing district’s elementary schools; the fraction of the detaching schools’ budget that would be affected by a boundary change; and the lack of effect the detachment would have on the ability of the districts to meet State standards of recognition, the Board’s conclusion that the overall benefit to the Territory and annexing districts from granting the petition clearly outweighs the resulting detriment to Districts 58 and 99 and the surrounding community is not against the manifest weight of the evidence. Therefore, we affirm the judgment of the Du Page County circuit court affirming the Board’s decision to grant the petition to detach the Territory from the boundaries of Districts 58 and 99 and annex the Territory into the boundaries of Districts 53 and 86.”



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