Dresner v. Regional Bd. of School Trustees of Kane County, 300

• Decision Date: 10 December 1986
• Docket Number: No. 2-85-0718,No. 300,No. 220,L,K,300,220,2-85-0718
• Citation: 501 N.E.2d 983,150 Ill.App.3d 765,103 Ill.Dec. 666
• Parties: , 103 Ill.Dec. 666, 36 Ed. Law Rep. 799 David E. DRESNER, Mary Jane Dresner, Thomas Fitch, Victoria P. Fitch, Janice A. Simpson, John A. Zaleski and Virginia W. Zaleski, Plaintiffs-Appellants, v. REGIONAL BOARD OF SCHOOL TRUSTEES OF KANE COUNTY, Illinois; Regional Board of Trustees of Lake County, Illinois; Board of Education of Dundee Community Unit School Districtane County, Illinois; and Board of Education of Barrington Community Unit School Districtake County, Illinois, Defendants-Appellees.
• Court: United States Appellate Court of Illinois

Page 983

501 N.E.2d 983

150 Ill.App.3d 765, 103 Ill.Dec. 666,

36 Ed. Law Rep. 799

David E. DRESNER, Mary Jane Dresner, Thomas Fitch, Victoria P. Fitch, Janice A. Simpson, John A. Zaleski and Virginia W. Zaleski, Plaintiffs-Appellants, v. REGIONAL BOARD OF SCHOOL TRUSTEES OF KANE COUNTY, Illinois Regional Board of Trustees of Lake County, Illinois; Board of Education of Dundee Community Unit School District No 300, Kane County, Illinois; and Board of Education of Barrington Community Unit School District No. 220, Lake County, Illinois, Defendants-Appellees.

No. 2-85-0718.

Appellate Court of Illinois Second District.

Dec. 10, 1986.

Weiner Neuman & Spak, Lawrence Jay Weiner, Joan M. Eagle, Chicago, for plaintiffs-appellants.

Klein Thorpe & Jenkins, Ltd., Terrence M. Barnicle, James P. Bartley, Arthur C. Thorpe, Chicago, for defendants-appellees.

Justice REINHARD delivered the opinion of the court:

Petitioners, David E. Dresner, Mary Jane Dresner, Thomas Fitch, Victoria P. Fitch Janice A. Simpson, John A. Zaleski, and Virginia Zaleski (petitioners), all residents or landowners within a 480 acre tract of land located in Barrington Hills, appeal from the order of the circuit court of Kane County affirming the decisions of both the Regional Board of School Trustees of Kane County (Kane Regional School Board) and the Regional Board of School Trustees of Lake County (Lake Regional School Board) dismissing their petition pursuant to section 7-6 of the School Code (Ill.Rev.Stat.1981, ch. 122, par. 7-6) to detach the parcel of land from the Dundee Community Unit School District No. 300 (District 300) and to annex this area to the Barrington Community Unit School District No. 220 (District 220).

Petitioners raise the following issues for our review: (a) whether the decision of the circuit court affirming the orders of the two regional school boards is against the manifest weight of the evidence; (b) whether the decision of the circuit court must be reversed and remanded to the two regional school boards for the entry of findings of fact; and (c) whether the trial judge erred when he denied petitioners' motion to transfer the matter to another judge.

The territory, situated in District 300 although bounded by District 220 on the south and east, consists of 55 tax parcels totaling 480 acres, 10 of which are owned by the individuals previously listed. Three of the four families who signed the petition, however, do not own any property which adjoins District 220. Their property, excluding the Zaleskis', boarders the north and west of the proposed detached territory and totals 20 acres. The remaining 460 acres separates District 220 from these three owners. The Zaleskis' home is on that portion of their property in District 220 and their children attend school in that district. Only six adults and six children resided in the territory sought to be annexed at the time of the hearing below. The territory is within the village of Barrington Hills although various maps show that the property where petitioners' homes are located is at the far western edge of the village and is in a rural area surrounded by undeveloped land. Except for the Zaleskis, the other petitioners' homes are on lots of five to seven acres. Additionally, each district is a community unit school district encompassing numerous municipalities or parts of municipalities.

There are no allegations that the petition was not in compliance with the statutory requirements of section 7-6 of the School Code (see Ill.Rev.Stat.1981, ch. 122, par. 7-6), and the parties stipulated to the fact that two-thirds of the registered voters in the territory signed the petition. Specifically, the petition asserted that the change of boundaries will be in the best interests of the area's schools and the educational welfare of its pupils; that the natural community and social centers and interests of the territory are in Barrington Hills, Barrington, and District 220; that detachment would not result in a significant adverse economic impact on District 300 and would not jeopardize the educational resources of the involved school districts; that the benefit to be derived by District 220 and the detached area clearly outweighs any detriment to District 300 and the surrounding community; that the area is attached to District 220; that no non-high school district or new school district will be created; that the proposed detachment and annexation will not affect either districts' ability to meet recognition standards of the State; and that the area is located in Barrington Hills, a village substantially located in District 220.

At the hearing before the Kane Regional School Board, Victoria Fitch testified that she has lived in the area sought to be detached with her husband, Thomas, and her three children, ages 13, 8, and 6 years old, since 1968, and that she grew up in Barrington prior to moving into the area. Her neighbors are the Simpsons and the Dresners, and are the only residents in the area. Her children attend St. Anne's parochial school in Barrington because they belong to that church and know the principal well; however, she would take the children out of St. Anne's and place them in a public school if they annexed to District 220. She also stated that she belonged to the Barrington Library District, Countryside Park District, Barrington Hills Country Club, Barrington Pony Club, and the Friends of the Barrington Library and that her children also participated in activities within some of these organizations. Their family doctor and hospital facilities are located in Barrington; she does her shopping in Barrington; and their neighbors not located within District 300 attend Barrington public schools. Her close friends' children attend Barrington public schools. She does anticipate that property values would increase if the detachment and annexation is successful. She stated that District 220 is her children's "natural community of interest." When they moved to the area, however, school was not a major concern although they felt at the time that District 300 was satisfactory.

Mary Jane Dresner testified that she lives in Barrington Hills with her husband, David, and two children, ages 13 and 7 years old. Her children attend St. Margaret's parochial school located in District 300. They moved to their present location in late 1979 from Georgia, where their children attended public schools. There is a District 300 elementary school 2.1 miles away from their home, and, after they moved to the area, she enrolled her youngest child in kindergarten in District 300 for the second semester. Her child, however, was sent to a school 4 1/2 miles away and was bussed with special education students, although the bus picked up her child right in front of the house. The bus service for St. Margaret's is sufficient except that the children are picked up on a very heavily travelled road further away from her home. Mrs. Dresner belongs to the Barrington Library and the Country Side Park District (in Barrington Hills), receives Barrington Hills police and fire protection, attends church at both St. Margaret's and St. Anne's, and is a member of the Barrington Historical Society. Her children do not belong to any clubs in District 220 except the Fox River Valley Pony Club in Barrington. Although her children swim at the Barrington Country Club, District 300 also has a pool, but she does not know about any District 300 swim programs. The children's friends are not within walking distance. She sent her children to the parochial school because her children had a "sense of community with that school." When they purchased their house, the Dresners were aware of the school district in which they would be situated, but they did not know of any difference between District 300 and District 220. St. Margaret's is located near Eastview (a District 300 elementary school). She is also aware of the possibility of property values increasing if the petition is successful. She feels that because of their location in District 300, her children are being taken out of their natural environment preventing them from having "a sense of community."

David Dresner testified that he is an actuary with an accounting firm and all his partners reside in Barrington, that he belongs to a Barrington running club, and that his friends and associates live in Barrington. He feels that it is important for his children to go to school with the children they play with. His daughter has a playmate 1 1/2 miles away who belongs to the same pony club. Most of the children's friends live a mile away in District 220. He contacted Dr. Trevarthen, Superintendent of Schools in District 300, concerning why his children were being sent to a school four miles away when they were already enrolled in a school two miles away, and received what he termed an unsatisfactory answer. Dresner, however, did not state that he had any objection to the type of students found at the school. He never made any evaluation of either school district, but would take his children out of St. Margaret's if the petition was granted. The children, however, are not attending St. Anne's because his wife does not want to drive into Barrington every day.

Dorothy Calven, a realtor in the Barrington area for 21 years and the listing agent for most of the property in the proposed detachment area, testified that no one will purchase the undeveloped property, listed for sale in 5 acre lots, because it is not located in the Barrington school district. She also noted that there is approximately a 20% to 30% difference in the price of land between the two districts. Although she agreed that vacant land sales were slow everywhere because of the high interest rates, she stated that she has been unable to sell the lots because they are located in District 300.

Judith Svenson, a successful petitioner for detachment of property within District 300 and of...