Yeates v. School Directors of Dist. No. 38

Full title: Sadie Yeates et al., Appellants, v. School Directors of District No. 38…

Court: Appellate Court of Illinois

Date published: Apr 6, 1940

305 Ill. App. 164 (Ill. App. Ct. 1940)

26 N.E.2d 748

Opinion

Gen. No. 9,531. (Abstract of Decision.)

Opinion filed April 6, 1940

SCHOOLS AND EDUCATION, § 80^_ — extensions, approval of voters. Lower court improperly dismissed taxpayers' complaint to enjoin construction of additional room on school building, where only two students were attending the school, both residing in the district temporarily, because directors of the school district had no power to contract for additional room to the schoolhouse, without a vote of the people, when such room was not needed for accommodation of the pupils of the district.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Kankakee county; Hon. LUTHER B. BRATTON, presiding.

Reversed and remanded. Heard in this court at February term, 1940.

Eva L. Minor, for appellants;

Charles W. Kurtz and H.H. Whittemore, for appellees.

Opinion by JUSTICE HUFFMAN.

"Not to be published in full." Opinion filed April 6, 1940.