Aafedt v. N.D. State Board of Public School Education

540 N.W.2d 393, 1995 N.D. LEXIS 214
CourtNorth Dakota Supreme Court
DecidedNovember 30, 1995
DocketCiv. No. 950102
StatusPublished
Cited by2 cases

This text of 540 N.W.2d 393 (Aafedt v. N.D. State Board of Public School Education) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aafedt v. N.D. State Board of Public School Education, 540 N.W.2d 393, 1995 N.D. LEXIS 214 (N.D. 1995).

Opinions

LEVINE, Justice.

The State Board of Public School Education appeals from a March 13, 1995, district court judgment reversing the State Board’s November 22, 1993, denial of a petition to annex land in Unity Public School District No. 80 to Larimore Public School District No. 44. We reverse and remand for entry of judgment affirming the State Board’s decision.

On July 1, 1990, the Aneta, Crary, Lakota, McVille, Michigan, Tolna, and Unity school districts formed a consortium to plan and implement the restructuring of school district boundaries. Hodek v. Greater Nelson County Consortium, 520 N.W.2d 825 (N.D.1994). On November 10, 1992, an election was held “to decide if the seven school districts should ‘form a new school district, with a general fund levy of 174.83 mills.’” Id. at 826. “Voters in the Crary and Lakota school districts rejected the proposal, thus removing them from the consortium.” Id. In December 1992, an interim district board adopted a revised restructuring plan proposing “the merger of the Aneta, McVille, Michigan, Tol-na, and Unity school districts into a single school district — Dakota Prairie School District No. 1 — on July 1, 1993,” with a maximum general fund mill levy of 188 mills. Id.

A declaratory judgment action was brought to prevent implementation of the 188-mill levy without a re-vote. On appeal from a judgment of dismissal, this court concluded Dakota Prairie School District No. 1 came into existence on July 1, 1993, no additional vote was necessary, and the proposed general fund maximum mill levy exceeded [395]*395the statutory limit. Hodek v. Greater Nelson County Consortium, supra, 520 N.W.2d at 828. On remand, the district court ruled that the proper mill levy limit for Dakota Prairie’s first year of operations was 174.83 mills. Hodek v. Greater Nelson County Consortium, 531 N.W.2d 280 (N.D.1995). On appeal, this court held that Dakota Prairie’s first year mill levy limit was 185.4 mills. Id.

In April 1993, a petition was filed to annex 67 sections of land from the Unity School District to the Larimore School District. A hearing on the annexation petition was held on May 6, 1993. Both the Nelson County Reorganization Committee and the Grand Forks County Reorganization Committee denied the petition because the amount of land to be annexed was excessive. The district court1 determined that the deliberation portion of the county reorganization committees’ hearing violated the Open Meeting Law.2 The court directed the county reorganization committees to hold another meeting, for the limited purpose of “reconsidering and voting upon the petition in light of the public comment received thereon during the May 6, 1993 meeting.”

The county reorganization committees met again on August 13, 1993. The Grand Forks County Reorganization Committee approved the annexation petition. The Nelson County Reorganization Committee again denied the annexation petition because it involved too much land. Because the annexation petition was approved by one county committee, the matter was submitted to the State Board. In re Annexation of Part of Donnybrook Pub. Sch. Dist. No. 24, 365 N.W.2d 514 (N.D.1985). After a hearing, the State Board denied the annexation petition. The district court reversed the State Board’s decision and the State Board appealed.

In an appeal from a district court judgment on an appeal from an administrative agency decision, we review the agency decision, and not that of the district court; we limit our review to the record before the agency, without considering the district court’s findings; and the interpretation of a statute is a question of law which is fully reviewable. Koch Oil Co. v. Hanson, 536 N.W.2d 702 (N.D.1995). The only issues in this appeal involve the interpretation of statutes. The annexation petitioners contend the interim board of the consortium did not develop an annexation process, as required by statute, they were entitled to annex at any time, and the State Board improperly considered the amount of land petitioned to be annexed to the Larimore School District.

The annexation petitioners contend that the interim board of the consortium did not develop an annexation process, as required by § 15-27.6-04(4), N.D.C.C., which directs the interim district board of a consortium of school districts planning the restructuring of school district boundaries to “[d]e-velop a process for school districts or parts of school districts to ... withdraw from the projected restructured school district by annexing to another school district.” The Greater Nelson County Consortium interim district board included in its restructuring proposal an annexation policy stating its “intention ... to facilitate annexations into or out of the proposed reorganized district when the reorganization vote is complete and new district lines are known.” The interim board’s annexation policy advised those eligible to annex out to express their “intention to do so” on “Intent to Annex” forms, which “will be processed ... as soon as possible after the election results are known.” That policy complied with § 15-27.6-04(4), N.D.C.C. As we have already noted, the November 10, 1992, election resulted in the removal of the Crary and Lakota school districts from the consortium, and Dakota Prairie School District No. 1, comprised of the other five consortium member districts, came into existence on July 1, 1993.

The annexation petitioners contend that their petition should have been approved because they were entitled to annex at any time. While participating in a reorganization consortium, “[a]ny school district or part of a school district within the consortium may annex to another school district at any time.” [396]*396Section 15-27.6-07, N.D.C.C. The State Board concluded:

“The language in N.D.C.C. § 15-27.6-07 authorizing ‘[a]ny school district or part of a school district within the consortium ... [to] annex to another school district at any time,’ does not require the State Board to approve all annexations out of consortia. The State Board must decide whether to approve an annexation based on its consideration of any of the factors listed in subdivisions a through o of subsection 3 of N.D.C.C. § 15-27.2-04 with respect to which testimony or documentary evidence was provided at the hearing.”

Examination of the minutes of the House and Senate Education and Appropriations committees, and of the testimony submitted to those committees in considering Senate Bill 2034 (S.L.1991, ch. 170), discloses that the Legislature was greatly concerned with such things as the amount of money being appropriated as incentives for school district reorganization and encouraging school districts to reorganize, but did not discuss what it meant by allowing school districts or parts of districts within a consortium to annex to another school district “at any time.” We are satisfied, however, that the Legislature did not intend to require that the State Board automatically grant a petition to annex out of a consortium.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
540 N.W.2d 393, 1995 N.D. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aafedt-v-nd-state-board-of-public-school-education-nd-1995.