Schultz v. Atwood Fire Protection District

Respondent, Atwood Fire Protection District, appeals a judgment of the circuit court of Douglas County entered January 24, 1983. The judgment permitted detachment from the district of a tract of approximately 97 acres of farmland without buildings which was owned by petitioners. Respondent asserts that the trial court’s decision was contrary to the manifest weight of the evidence. We agree and reverse.

The proceeding was brought pursuant to section 15 of “An Act in relation to fire protection districts” (Ill. Rev. Stat. 1981, ch. 1271/2, par. 35). The section provides that upon a proper…