Smith v. Board of Education of Oswego Community High School District

July 19, 1949, appellant, Carl L. Smith, in a representative capacity as a taxpayer, filed a complaint in the circuit court of Kendall County for an injunction to restrain the Board of Education of Oswego Community High School District No. 300, in Kendall and Will Counties, from proceeding with a contract for the construction of a new high school building. A motion to strike- the complaint, on the ground that it did not state a cause of action, was sustained by the trial court. An appeal has been perfected to this court, a constitutional question being involved.

The complaint alleges, inter…