Zack v. Ott

              No. 2--07--0228 Filed: 4-1-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
DANIEL G. ZACK, ) Appeal from the Circuit Court
) of Kane County.
Petitioner-Appellant, ))
v. ) Nos. 06--MR--544
) 06--MR--573
)
RUSSELL OTT and LORI OTT, ) Honorable
) Michael J. Colwell,
Respondents-Appellees. ) Judge, Presiding.
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PRESIDING JUSTICE BYRNE delivered the opinion of the court:
The Batavia Public Library District (the Batavia district) sought to annex certain territory in
which respondents, Russell Ott and Lori Ott (collectively, the Otts), and petitioner, Daniel G. Zack,
allegedly reside. The Otts sought a referendum on the annexation by signing and filing a petition with
the Batavia district's board of library trustees. Suspecting that the neighboring Geneva Public Library
District (the Geneva district) had facilitated the Otts' petition, Zack objected to the referendum by
filing his own petition with the Kane County Officers Electoral Board (the Electoral Board).
Following a public hearing, the Electoral Board overruled Zack's objection and ordered that the
referendum be placed on the April 17, 2007, ballot.
Zack appealed the Electoral Board's decision by filing a petition for judicial review in the
circuit court of Kane County. The caption of the petition does not name the Electoral Board or its