People v. Niekamp 

Illinois Appellate Court
Civil Court
School Districts
Citation
Case Number: 
2011 IL App (4th) 100796
Decision Date: 
Saturday, November 19, 2011
District: 
4th Dist.
Division/County: 
Adams Co.
Holding: 
Affirmed.
Justice: 
POPE
After three persons, two of whom were school board members, filed quo warranto action, court entered judgment ousting Defendant from his office as school board member for violation of Section 1 of Public Officer Prohibited Activities Act, for taking oath to serve on school board while still a member of county board, prior to submitting his resignation from county board. Two sitting school board members had interests sufficiently distinct from interests of general public, and Defendant's votes on issues could affect validity of board action; thus, they had standing to bring quo warranto action. Six-month delay in filing quo warranto action was not unreasonable and did not prejudice Defendant, and thus action not barred by laches. (TURNER and STEIGMANN, concurring.)