(DOWNLOAD) "Acorn Auto Driving School v. Bd. Educ." by Supreme Court of Illinois ~ Book PDF Kindle ePub Free
eBook details
- Title: Acorn Auto Driving School v. Bd. Educ.
- Author : Supreme Court of Illinois
- Release Date : January 01, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Plaintiffs, Acorn Auto Driving School, Inc., and Sam Davis, filed their complaint for an injunction permanently restraining the three defendant boards of education from continuing to provide driver training instruction or classes of any kind to persons over the age of 21. A motion to dismiss the complaint as amended was sustained, and plaintiffs electing to stand on the complaint as amended have appealed directly to this court since the validity of a statute is involved. Plaintiff Davis is a substantial stockholder in and president of Acorn, an Illinois corporation licensed by the Secretary of State as a commercial driver training school under the statutory provisions therefor. (Ill. Rev. Stat. 1961, chap. 95 1/2, pars. 6-112 et seq.) He is also a licensed chauffeur in Illinois. The suit is brought on behalf of all other commercial driving schools in the Chicago metropolitan area who are allegedly suffering wrongful injury and damage due to the allegedly unlawful competition of the defendant school boards who have been since September, 1960, offering driver training instruction and classes to persons over 21. Each of the defendants is a high school district under the School Code (Ill. Rev. Stat. 1961, chap. 122). The complaint charges the conduct of such adult driver training classes by defendants is essentially a business or commercial activity, and the fees charged by defendants are considerably higher than the fees charged for other adult classes. Further, the defendants are alleged to have spent substantial sums of money to advertise these classes, and that defendant Thornton district offers to provide such instruction to persons living outside its district. The complaint charges this activity to be in violation of the provisions of the Driver Education Act (Ill. Rev. Stat. 1961, chap. 122, par. 27-24.1 et seq.); that plaintiffs and others similarly situated are suffering irreparable loss from such unlawful competition, and that such losses are destructive of their property rights in violation of the due-process clause of the Illinois constitution; that any rules or regulations issued by the Superintendent of Public Instruction conferring authority on defendants to provide driver education to persons over 21 are null and void; and that the provisions of any statute, including section 10-22.20 of the School Code of 1961 purporting to confer authority on defendants to furnish adult or driver education classes to persons over 21, are null and void and in violation of ""the due process provisions and equal protection clauses of The Constitution of the State of Illinois and that of the United States."" The complaint prays for injunctive relief and an adjudication that such operations by defendants are illegal and in violation of the laws of Illinois and ""the property rights of the plaintiffs and their rights of due process under the Constitution of the State of Illinois.""
 "Acorn Auto Driving School v. Bd. Educ." by Supreme Court of Illinois ~ Book PDF Kindle ePub Free){kind=link}