Board of Education of Heartwell School District R-4 v. Jepsen

319 N.W.2d 68, 211 Neb. 453, 1982 Neb. LEXIS 1073
CourtNebraska Supreme Court
DecidedMay 7, 1982
DocketNo. 43922
StatusPublished

This text of 319 N.W.2d 68 (Board of Education of Heartwell School District R-4 v. Jepsen) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Education of Heartwell School District R-4 v. Jepsen, 319 N.W.2d 68, 211 Neb. 453, 1982 Neb. LEXIS 1073 (Neb. 1982).

Opinion

McCown, J.

This is an appeal from a judgment of the District Court for Kearney County affirming an order of the Kearney County superintendent of schools transferring certain real estate from Heartwell School District R-4 to adjacent Minden School District R-3. The Board of Education of Heartwell School District R-4 and various taxpayers in that school district have appealed.

On February 16, 1979, the Board of Education of Minden School District R-3 voted to authorize a joint [454]*454petition with the Board of Education of Heartwell School District R-4 to change the boundaries of the two school districts. The Board of Education of Heartwell School District R-4 also voted to authorize the joint petition on February 19, 1979. Both school districts are in Kearney County.

The joint petition was filed with the Kearney County School District Reorganization Committee on March 1, 1979. The joint petition stated that it was filed under the provisions of Neb. Rev. Stat. §§ 79-402, 79-402.03 (Reissue 1976), and other statutes. The petition sought to change the boundaries of the two districts and detach the various tracts of land from the Heartwell district and attach, annex, and include them in the Minden district. The petition called for the transfer of 28 parcels of land totaling 4,392 acres. None of the tracts to be transferred were contiguous to the Minden district. Some of the 28 parcels were contiguous to each other and there were some 8 or 9 separate areas or tracts distributed through the Heartwell district. It was stipulated that some of the owners whose land was to be transferred did not have children in school. The petition stated that the proposed reorganization and change of boundaries was to be made so that the property to be transferred was to be assessed, valued, and taxed as a part of the Minden district and no longer as a part of the Heartwell district.

On May 7, 1979, the State Committee for School District Reorganization reviewed the petition proposal and voted to approve it. The state committee directed the Kearney County superintendent of schools to proceed with hearing and determination of the validity and sufficiency of the petition as prescribed by statute.

In a case filed by a member of the Board of Education of the Heartwell district in the District Court, the court issued a writ of mandamus to the county superintendent of schools on June 19, 1979, ordering [455]*455her to advertise and hold a hearing to determine the validity and sufficiency of the signatures on the joint petition and, if found valid and sufficient, to effect immediately the changes in boundaries as called for in the petition. The statutory procedures were then followed and the county superintendent of schools ordered the land transferred from the Heartwell district to the Minden district effective August 17, 1979. On August 27, 1979, the Board of Education of Heart-well School District R-4 and various residents and taxpayers appealed to the District Court.

The District Court found that the order of the county superintendent of schools implementing the change of boundaries sought in the joint petition of the boards of education of the Heartwell and Minden districts was proper in all respects, and affirmed the order of the county superintendent. This appeal followed.

The appellants contend that a school district must consist of one compact contiguous area of land within one set of boundary lines, and that under § 79-402 and related sections separate legally described tracts of land in one school district cannot be transferred to another school district to which they are not contiguous.

The statutory provisions involved stem from § 79-402. That section provides in part: “The county superintendent shall create a new district from other districts, or change the boundaries of any district upon petitions signed by sixty per cent of the legal voters of each district affected . . . .” The remainder of the section specifies the requirements for petitions and their review and approval or disapproval, and specifies that the county superintendent shall hold a hearing to determine the validity and sufficiency of the petitions, and: “Upon determination, as a result of the hearing, that sufficient valid signatures are contained in the respective petitions, the county superintendent shall proceed to ef[456]*456feet the changes in district boundary lines as set forth in the petitions . . . (Emphasis supplied.)

Section 79-402.03 provides: “In addition to the petitions of legal voters pursuant to section 79-402, changes in boundaries or the creation of a new district from other districts may be initiated and accepted by:

“(1) The board of education of any Class III, IV, V, or VI district; and
“(2) The board of education of any Class I or II district in which is located a city or incorporated village.”

Neb. Rev. Stat. § 79-402.06 (Reissue 1976) provides: “Petitions presented pursuant to sections 79-402.03 to 79-402.05 shall be subject to the same requirements for content, hearings, notice, review, and appeal as petitions submitted pursuant to section 79-402.”

Neb. Rev. Stat. § 79-426.01 (Reissue 1976) provides in part: “As used in sections 79-426.01 to 79-426.19 and 79-426.22, unless the context otherwise requires: (1) The term reorganization of school districts shall mean the formation of new school districts, the alteration of boundaries of established school districts, and the dissolution or disorganization of established school districts through or by means of any one or combination of the methods set out in section 79-426.02

Neb. Rev. Stat. § 79-426.02 (Reissue 1976) provides: “Reorganization of school districts may be had and accomplished through or by means of any one or more of the following methods: (1) The creation of new districts; (2) the uniting of one or more established districts; (3) the subdivision of one or more established districts; (4) the transfer and attachment to any established district of a part of the territory of one or more districts; and (5) the dissolution or disorganization of any established district for any of the reasons specified by law.” (Emphasis supplied.)

[457]*457The appellants contend that by using the language “change the boundaries” of school districts the Legislature intended to restrict the authorization to a common boundary line between two school districts which are in one compact and contiguous mass and to limit any transfer of property from one district to another to property which is contiguous to the common boundary line. They rely on the definition of boundary in Black’s Law Dictionary 169 (5th ed. 1979): “Every separation, natural or artificial, which marks the confines or line of division of two contiguous properties.” We note that the same dictionary defines the term “boundary” as: “Limits or marks of enclosures ... or the boundaries or limits stated in title deed . . .

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Related

Bessey v. Board of Educational Lands and Funds
178 N.W.2d 794 (Nebraska Supreme Court, 1970)

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Bluebook (online)
319 N.W.2d 68, 211 Neb. 453, 1982 Neb. LEXIS 1073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-of-heartwell-school-district-r-4-v-jepsen-neb-1982.