The People v. Kramer

4 Citing cases

  1. The People v. Hurst

    81 N.E.2d 491 (Ill. 1948)   Cited 3 times

    There seems to be no question under the decisions that the petitioners have the right of withdrawal before action is taken thereon and, by doing so, rendered the same nullities and placed the territory in the same position as though the petitions had never been filed. (People ex rel. School Directors v. Oakwood, 290 Ill. 45; Malcomson v. Strong, 245 Ill. 166; People ex rel. Stout v. Drennan, 307 Ill. 482; People ex rel. Bodecker v. Kramer, 397 Ill. 592, and cases cited therein.) The first two petitions were found to be faulty by the State Superintendent of Public Instruction for failure to allege jurisdictional facts.

  2. Augustine v. Reg. Bd. of School Trustees

    625 N.E.2d 1154 (Ill. App. Ct. 1993)   Cited 4 times
    In Augustine, the Fifth District adopted the general rule of Littell and also relied on Konald v. Board of Education of Community Unit School District 220, 114 Ill. App. 3d 512 (1983), when it interpreted section 7-2a(b) of the School Code to allow the withdrawal of signatures to a petition to dissolve at any time before the regional board conducts a hearing to determine the validity of the signatures.

    We believe the Regional Board was within its discretion to allow the withdrawals. • 2 It has long been the accepted rule in Illinois that a petitioner in an administrative proceeding may withdraw his signature before the petition is acted upon in the same manner in which he signed it. ( People ex rel. Bodecker v. Kramer (1947), 397 Ill. 592, 595, 74 N.E.2d 896, 898; Heppe v. Mooberry (1932), 350 Ill. 641, 647, 183 N.E. 636, 639; Board of Education of Metropolis Community High School District v. County Board of School Trustees (1976), 34 Ill. App.3d 901, 904, 341 N.E.2d 10, 11.) The general rule was first articulated in Littell v. Board of Supervisors (1902), 198 Ill. 205, 65 N.E. 78, where our supreme court determined that petitioners for the organization of a new township could, after the petition had been presented to the county board, withdraw their names and thereby leave a statutorily deficient number of names so as to defeat the organization. The Littell court found that the act of signing such petitions could be revoked any time before final action was taken by the body authorized to act.

  3. Bd. of Educ. v. Regional Bd. of Trustees

    82 Ill. App. 3d 1067 (Ill. App. Ct. 1980)   Cited 11 times
    Upholding grant of detachment petition and the regional board's "election to have younger children traveling a shorter distance to and from elementary school and older children traveling the farther distance to junior high school"

    • 1 Plaintiffs question whether the Regional Board had jurisdiction over the detachment petition based upon a sufficient number of valid signatures. It has been the accepted rule in Illinois that a petitioner may withdraw his signature prior to the time the petition is acted upon and in the same manner in which he signed it. People ex rel. Bodecker v. Kramer (1947), 397 Ill. 592, 595, 74 N.E.2d 896, 898; Heppe v. Mooberry (1932), 350 Ill. 641, 647, 183 N.E. 636, 639; People ex rel. School Directors v.Oakwood (1919), 290 Ill. 45, 47, 124 N.E. 829, 830; People ex rel. Koensgen v. Strawn (1914), 265 Ill. 292, 296, 106 N.E. 840, 842; Board of Education v. County Board of School Trustees (1976), 34 Ill. App.3d 901, 904, 341 N.E.2d 10, 11. The issue of first impression for this court is whether additional signatures as well as withdrawals and reinstatements are allowable after a petition has been filed.

  4. Board of Educ. v. County Bd. of School Trustees

    34 Ill. App. 3d 901 (Ill. App. Ct. 1976)   Cited 3 times

    Both plaintiff and defendants cite several Illinois cases supporting this proposition, but in none of them is there a suggestion that he must verify his signature or appear in person in order to make a withdrawal. In a recent case touching on this matter, People ex rel. Bodecker v. Kramer, 397 Ill. 592, 74 N.E.2d 896, twenty voters filed written requests to withdraw their names. The County Superintendent of Schools permitted the withdrawal and twenty minutes later received a petition, the validity of which hinged on the first petition being invalidated by the withdrawal of twenty names.