Bienert v. YANKTON SCHOOL DIST., 63-3

507 N.W.2d 88, 1993 S.D. LEXIS 135, 1993 WL 435872
CourtSouth Dakota Supreme Court
DecidedOctober 27, 1993
Docket18277
StatusPublished
Cited by8 cases

This text of 507 N.W.2d 88 (Bienert v. YANKTON SCHOOL DIST., 63-3) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bienert v. YANKTON SCHOOL DIST., 63-3, 507 N.W.2d 88, 1993 S.D. LEXIS 135, 1993 WL 435872 (S.D. 1993).

Opinions

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Following the December 15, 1992 Special School District Bond Election for Yankton School District 63-3 (hereinafter School District), a group of local taxpayers (hereinafter Bienert) sought an injunction declaring “Question No. 1,” concerning the construction of a new high school, to be void and preventing the School District from issuing the related bonds. In its January 27, 1993 Memorandum Opinion and February 23,1993 Judgment, the trial court dismissed Bienert’s request for injunctive relief and further ruled that the bond election statutes were constitutional. By Notice of Appeal filed March 4, 1993, Bienert raises the following issues:

I. Is Bienert entitled to injunctive relief?
II. Did School District fail to comply with SDCL 6 3 4?
III. Are the requirements of SDCL 6-3^4 mandatory or discretionary?
IV. Was the election null and void ab ini-tio ?
V. Are the provisions of SDCL 6-3-1 through 6-3-8 ambiguous and unenforceable, thus unconstitutional?

We affirm.

FACTS

During October 1992, School District entered into an agreement with the City of Yankton to jointly finance, construct and operate a new high school/community education center. Per contract, School District agreed to finance its share of the project by issuing general obligation bonds worth $12,040,190. The city would contribute the remainder of the $20 million construction price.

As voter approval of the proposed bond issue was necessary, School District published its notice of election for two successive weeks in the local newspaper beginning November 18, 1992. Following the December 15 election, “Question No. 1” was approved by fewer than 60%, but more than 50% of the voters. Thereafter, School District prepared to issue bonds to raise funds for this project and a second project to remodel and renovate the current high school into a middle school facility. (The remodeling project was approved by the voters under “Question No. 2” and is not being challenged here.) On January 5, 1993, Bienert commenced this action asserting that the election did not meet statutory guidelines for bond elections and sought an injunction to prevent the sale of the bonds.

[90]*90 DECISION

1. Bienert had a plain, speedy, and adequate remedy at law.

Bienert asserts that the election was void and, therefore, injunctive relief is proper to prevent the school district from issuing the bonds. As we held in Sorensen v. Rickman, 486 N.W.2d 259 (S.D.1992), and S.D. Board of Regents v. Heege, 428 N.W.2d 535 (S.D.1988), injunctive relief can only be issued when the party seeking said relief is without a plain, speedy and adequate remedy at law. Although Bienert admits that a plain and adequate remedy existed — contesting the election under SDCL chap. 12-22 — he asserts such a remedy “could not provide [Bienert] with the speedy relief necessary to immediately restrain the School District from proceeding to issue general obligation bonds.”

Ironically, the exact opposite is true. SDCL 12-22-5 requires an election contest to be commenced within 10 days of the disputed election. Under SDCL 12-22-8, the summons and complaint must be answered within 10 days of service, or less than. 10 days if the proceedings are expedited. Instead, Bienert filed his action after 10 days had passed; and by seeking an injunction, he gave School District more time — 30 days — to answer. SDCL 15-6-12(a). Bienert’s actions confirm that speed was not the utmost concern. An election contest was indeed the “speedy” remedy. Rather than supporting the claim that he is without “remedy at law,” Bienert cites Gooder v. Rudd, 38 S.D. 197, 160 N.W. 808 (1916); Klaudt v. City of Munno, 72 S.D. 1, 28 N.W.2d 876 (1947); and Hurley v. Coursey, 64 S.D. 131, 265 N.W. 4 (1936), as authority permitting the use of injunctions to void election results.

In Gooder, the appellant seeking injunctive relief to void a special election claimed the petition calling for the election lacked the requisite number of qualified signatures. Deciding if an election could be legally held based upon a defective petition, this Court held, “[W]here the petition filed is insufficient in law ... such officials are without any jurisdiction to hold such an election; and such election, if held, together with all proceedings had thereunder or pursuant thereto, are wholly void.” Years later, we reaffirmed this decision in Klaudt holding, “Failure to file a valid petition rendered the election void[.]” This Court also permitted equitable relief in Hurley, holding that judges cannot be elected to a court that had not been legally established.

These three precedents all adhere to the premise that equitable relief is proper in prohibiting enforcement of an election result where the election itself could not legally have been held. When a petition is invalid, no authority or jurisdiction exists to hold an election. The same holds true for electing people to positions that do not legally exist. Bienert’s argument that this election should be voided due to alleged faulty notice and ballot does not rise to the same level as an invalid petition because here, a legal basis for holding the election existed. Instanter, Bie-nert asks this Court to ignore the fact that he purposely avoided a plain and adequate remedy at law simply because he did not find the remedy speedy enough to suit him. As the remedy of an election contest under SDCL chap. 12-22 readily existed, we affirm the trial court’s denial of the injunction.

2. Notice and ballot were proper.

Although we have affirmed the trial court due to Bienert’s failure to apply the appropriate remedy, we further note that the election would stand on other grounds as well.

SDCL 6-3-1 to 6-3-8, inclusive, concern the joining of political subdivisions, such as a public school district and a city government, to construct public buildings. Specifically, SDCL 6-3-3 provides:

The governing body of each participating political subdivision may appropriate money or may also issue the general obligation bonds of the subdivision, as provided in chapter 6-8B for the authorization, issuance and sale of bonds, for the payment of its share of the cost of the building or

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Bienert v. YANKTON SCHOOL DIST., 63-3
507 N.W.2d 88 (South Dakota Supreme Court, 1993)

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Bluebook (online)
507 N.W.2d 88, 1993 S.D. LEXIS 135, 1993 WL 435872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bienert-v-yankton-school-dist-63-3-sd-1993.