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22516
B. SPIEGEL and pursuant to the U.S. and State Constitutions and the Election and
School Codes of the State of Illinois, petition against the Respondents OAK PARK
DISTRICT 97 and the District's School Board members in their official and
SPATZ. This Petition seeks to contest the validity of the public question referendum
placed on the April 5, 2011 general election ballot by these Respondents and seeks
declaratory, injunctive and other additional relief. In support of this Petition, the
District 97. He is also a property owner and the parent of school children in said
District and was so on April 5, 2011, the date of the Consolidated General Election.
organization with a number of adherents in Oak Park School District 97 who are
registered voters, property owners and parents of school children in Oak Park
District 97.
district that placed a referendum on the ballot for the April 5, 2011 election that is
the subject of this lawsuit. On the ballot, in paragraph 2 of the explanation, the
language provided:
For the 2010 levy year the approximate amount of the additional tax
extendable against property containing a single family residence and having a
fair market value at the time of the referendum of $100,000.00 is estimated to
be #37.40.
This language substantially failed to inform the voters of the estimated effect of the
respectively, the President, the Vice President, and Board members of School
District 97 and are named herein in both their official and individual capacities for
the purposes of injunctive relief and damages. They are referred to hereafter as
5. Prior to the general election, the District and its members became aware
that the the tax rate increase and the estimated amount of said increase on a
property valued at $100,000.00 as stated on the ballot, did not include the state
the District and its members understated the estimated amount of the tax increase
referendum passed.
understated the amount of the tax increase, the District and its members
unanimously and intentionally proceeded with the referendum using the misleading
language.
reported as a total vote on the referendum: 11,170, with 6,081 yes votes and 5,089
no votes.
Count I
Declaratory Judgment
15. The nature of this Count is a proceeding for declaratory relief under 735
between the parties concerning whether the referendum ballot was invalid by reason
of its misstating the amount of the tax increase and whether the election must
16. The Board and its members were required by the School Code to
determine how much the tax bills would increase per $100,000.00 of assessed
valuation if the referendum measure was to pass. The Respondents phrased the
question on the ballot without using the State equalization factor.
17. The parties are governed by the Election and School Codes, by the
language on the ballot used to misstate the amount of the tax increase, by the
18. A dispute has arisen between the Petitioners and the Respondents with
ballot and whether the effect of using such figures rendered that ballot invalid and
19. The Petitioners claim that the Respondents' use of the misleading
figures misled the voting public, was a violation of both the State and U.S.
Constitutions and the School and Election Codes and therefore made the ballot
invalid and the election results thereon null and void. The Respondents claim there
was no intentional misleading of the voters, that the ballot was not invalid and that
the discrepancy in the calculations was adequately explained to the voters prior to
the election.
Respondents.
accordance with the due process and equal protection clauses of the 5 th and 14th
Amendment of the U.S. Constitution, of Article I, Section 2 and Article III, Section 3
of the Illinois Constitution (1970) and of 10 ILCS 5/23-20, et seq. of the Election
Code, 105 ILCS 5/20, et seq. of the School Code and 735 ILCS 5/2-701 against the
Respondents as follows:
a. the court declares the District 97 referendum ballot invalid for failing to
substantially inform the voters as to the estimated amount of the
c. the court order the individual Respondents to pay from their private
d. the Court grant Plaintiffs any other relief it may deem equitable in the
circumstances.
Count II
Preliminary Injunction
1-7 above as if fully set forth herein as paragraphs 21-27 of this Count II.
28. The Respondents were required by the School Code, to determine how
much tax bills would increase per $100,000.00 of assessed value if the District 97
29. The Respondents were required to clearly indicate the substance of the
public question. Their failure to factor in the State equalizer so vastly understated
the effect of the proposed tax increase that the voters were denied the ability to
know the fundamentals and general effect of the proposed increase. Smith v.
Calhoun Community School District No. 40, 16 Ill.2nd 328, 157 N.E.2 nd 59 (1959).
30. The harm to the public will be far greater if the injunction were to fail
and the undisclosed tax increase be allowed to go into effect without the benefit of a
valid ballot question. Such harm far outweighs any harm that may result to the
and each of the individual District Board member Respondents named herein to
enjoin them from taking any further action in furtherance of the District 97 ballot
referendum and to enjoin them from collecting any finds as a result of that increase.
Petitioners are in good faith defending their constitutional rights under both the U.S.
and State Constitutions for the benefit of all the property taxpayers in the 97 th
District and requiring them to post a bond is not in the public interest.
33. The Petitioners have incurred costs, expenses and attorneys' fees in
prosecuting this cause and should be awarded all of such expenditures from each of
to implement and to collect any property tax increase resulting from the April
prior to any attempt by any of these Respondents to take any further action to
implement or to collect any property tax increase resulting from the April 5,
incurred as a result of this action with any such award to be paid jointly and
severally from the individual Respondents herein and not from public funds;
Respectfully submitted,
__________________________________________
Andrew B. Spiegel, Attorney for Petitioners
Andrew B. Spiegel
TAXPAYERS UNITED OF AMERICA
407 S. Dearborn Street, Suite 1170
Chicago, Illinois 60605
630 567-5379
Verification
_________________________________
NOEL KURIAKOS
_____________________________________
Notary Public
Andrew B. Spiegel
TAXPAYERS UNITED OF AMERICA
407 S. Dearborn Street
Suite 1170
Chicago, Illinois 60605
630 567-5379