Board of Trustees of Kingston Consolidated School District v. Forman

101 So. 2d 102, 233 Miss. 42, 1958 Miss. LEXIS 355
CourtMississippi Supreme Court
DecidedMarch 17, 1958
DocketNo. 40819
StatusPublished
Cited by4 cases

This text of 101 So. 2d 102 (Board of Trustees of Kingston Consolidated School District v. Forman) is published on Counsel Stack Legal Research, covering Mississippi 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 Trustees of Kingston Consolidated School District v. Forman, 101 So. 2d 102, 233 Miss. 42, 1958 Miss. LEXIS 355 (Mich. 1958).

Opinion

Lee, J.

The background of this litigation is as follows: The County Board of Education of Adams County and the Board of Trustees of the Natchez Municipal Separate [46]*46School District, pursuant to the provisions of Sections 1 and 2, Chapter 12, Laws of 1953 Ex. Ses., caused a survey to be made for the purpose of reorganizing and reconstituting the schools of the county. The survey team recommended that the county should be constituted so as to provide two schools, one to include the territory embraced within the corporate limits of the City of Natchez, and the other to include all of the territory of the county outside of the City of Natchez. Both the county board of education and the trustees of the separate school district adopted their separate orders to carry out the two-unit plan, subject to approval by the state educational finance commission. The commission disapproved and disallowed both petitions for that purpose on the ground that one unit for the county would be more economical, would better equalize the facilities and opportunities, and would better promote the whole welfare of the children and the economic and social welfare of the various areas. It therefore returned the orders to the respective boards.

A restudy was then made. Subsequently the trustees of the separate school district advised the county board of education that they intended to abide by the decision of the commission, and requested the county board to join with them in a petition to include all of the territory of the county within the separate school district. This suggestion and request was rejected by the county board. Thereafter a public hearing was held by the commission, at the conclusion of which, it adopted an order reaffirming its disapproval of the order of the county board of education. The county board then brought an action in the chancery court of Adams County against the commission to compel approval. The relief prayed for was denied, and on appeal to this court, the decree was affirmed. Adams County v. State Educational Finance Commission, (Miss.) 91 So. 2d 524.

After the decision by the chancery court, but before the appeal was heard and disposed of by this Court, [47]*47the legislature enacted Chapter 267, Laws of 1956, approved April 6, 1956, and an election was held in the county on May 29, 1956, on the question of whether all the territory of the county, both within and without the corporate limits of the City of Natchez, should be included in one municipal separate school district. A majority of the qualified electors, voting in the election, who resided within the corporate limits of the city, voted in favor of the proposition, but a majority of those outside the city voted against the proposition. Of course that action, subsequent to the trial in the chancery court, could not and did not affect the decision of this court on that appeal.

In the concluding paragraph of the opinion, supra, attention was called to the fact that the power of the county board and the board of trustees of the separate district had not been exhausted; that their powers were clearly defined by statute; and that the state educational finance commission still had the power to consider, and approve or disapprove, subsequent plans, which might be submitted to it, for the reorganization of the school districts of the county.

No other plan was immediately submitted. Presumably the impasse and deadlock between the local boards and the commission continued until after an election when two new members of the county board of education were chosen.

Thereafter on February 18,1957, the board of trustees of the Natchez Municipal Separate School District, reciting that its action was with the consent and approval of the board of education of Adams County, adopted an order and resolution whereby all of the* territory of Adams County was consolidated and embraced within a school district to be known as the Natchez Special Municipal Separate School District. On the following day, a similar order and resolution was adopted by the county board of education, expressly giving its consent and ap[48]*48proval to the inclusion of all the territory of Adams County within the said separate district. The board of trustees of the district then applied to the state educational finance commission for its approval; and, on April 6, 1957, the commission, by its formal order, approved and ratified the district as reorganized and reconstituted.

On April 4, 1957, L. E. Tyler, Jr., and others, trustees of Kingston Consolidated School District, B. L. Hensley and others, trustees of Washington Consolidated School District, and James Handjis and others, trustees of Pine Bidge Consolidated School District, in their official and individual capacities, and as citizens and taxpayers, for themselves and for the general public and all interested persons, who were especially invited to join in the litigation, filed their bill of complaint in the charceny court against B. Brent Forman and others, comprising the board of trustees of the Natchez Municipal Separate School District, and Glenn A. Stenson and others, constituting the board of education of Adams County. It was charged therein that neither the attorney general, nor the district attorney of the district, nor the board of supervisors of the county, although requested so to do, would co-operate in bringing the suit.

A brief history of the attempt at reorganization was set' out, together with the original deadlock, the enactment of House Bill No. 120, Chapter 267, Laws of 1956, the result of the election held under said chapter, and the adoption of orders by the trustees of the separate district and by the county board for the formation of one district, embracing the entire territory of Adams County. It was charged that these orders were void on their face and in direct conflict with the provisions of Chapter 267, supra; that the defendants had ignored the will of .the people, as expressed in the election, and had refused to afford the people an opportunity again to pass upon the question; and that, unless the defendants were restrain[49]*49ed and enjoined from proceeding further, the new district would be set up in violation of law, with disastrous consequences to the area and to the people thereof. Copies of the orders of the two boards, together with the application to the state educational finance commission, were made exhibits. The prayer of the bill was for a temporary injunction to prevent the defendants from putting into effect or treating as valid the orders in question; and that the plan be prevented from becoming effective unless or until an election should be held and carried in favor thereof.

On May 4, 1957, the complainants amended their bill to show that, since the filing of the original bill, the state educational finance commission, by its order of April 6, 1957, had approved the plan submitted-by the trustees of the separate district with the agreement and consent of the county board of education. The prayer sought the extension of the relief prayed for in the original bill so that it might be made effective against the order of the commission.

After a special demurrer had been sustained, the state educational finance commission w.as made a party.

Answers were filed by all of the defendants.

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101 So. 2d 102, 233 Miss. 42, 1958 Miss. LEXIS 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-trustees-of-kingston-consolidated-school-district-v-forman-miss-1958.