Bricelyn School District No. 132 v. Board of County Commissioners

55 N.W.2d 597, 238 Minn. 53, 1952 Minn. LEXIS 748
CourtSupreme Court of Minnesota
DecidedApril 10, 1952
DocketNo. 35,630
StatusPublished
Cited by11 cases

This text of 55 N.W.2d 597 (Bricelyn School District No. 132 v. Board of County Commissioners) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bricelyn School District No. 132 v. Board of County Commissioners, 55 N.W.2d 597, 238 Minn. 53, 1952 Minn. LEXIS 748 (Mich. 1952).

Opinion

Christianson, Justice.

This appeal arises from an order of the board of county commissioners of Faribault county granting a petition for the formation of a new common school district from certain territory in part included within Bricelyn School District No. 132. District No. 132 and others appealed to the district court from that order. The district court, after hearing the appeal, made findings of fact, conclusions of law, and order for judgment affirming the order of the county board. Appellants thereafter made an alternative motion for amended findings and conclusions or for a new trial, which was denied. They appeal from the order denying their motion.

Bricelyn School District No. 132 was duly established pursuant to the provisions of the school district reorganization act2 (M. S. A. 1949, §§ 122.40 to 122.57), providing a new method for the reorganization of school districts in Minnesota. Thereafter, in March 1950, the formation of a common school district was sought under §§ 122.05 to 122.08 from lands which were in part included within District No. 132. The petition for the new district was filed pursuant to § 122.05, which provides:

“A majority of the freeholders, qualified to vote * ' * *, residing in an incorporated village wherein there is no school house, or upon any territory not less than four sections in extent, * * * whether or not such territory he in whole or in part included in any existing common, independent, or special school district, may petition the board of county commissioners of the proper county to make such territory a school district, common or independent.” (Italics supplied.)

[55]*55A hearing was held before the county board, and the petition was granted. Upon appeal to the district court from the order of the county board, appellants attacked the jurisdiction of the- county board, as well as the propriety of its action. The district court affirmed. On appeal to this court, appellants contend that (1) the county board lacked jurisdiction to form a school district from lands which in part were situated within a school district organized pursuant to the school district reorganization act; and (2) the action of the county board was arbitrary and against the best interests of the territory affected.

Since the controlling question presented for decision is whether, in forming common or independent school districts under §§ 122.05 to 122.08, county boards have the power to include therein lands that are part of the territory of an existing school district previously established under the school reorganization act, the problem before us is strictly one of statutory interpretation or application.

The cardinal principle of all statutory interpretation is to ascertain and give effect to the legislative intent.3 The problem which the school reorganization act was intended to remedy is quite clear. It is apparent that the legislature had in mind the problem of the small rural school district which was no longer able to furnish the educational facilities demanded by present-day standards of education.4 Also, the legislature undoubtedly considered the burden placed on urban school districts by the closing of these rural districts and the consequent crowding of urban schools without a corresponding increase in revenue to meet their added needs.

When the reorganization act first came before this court in Huffman v. Independent Consol. School Dist. 230 Minn. 289, 295, 41 [56]*56N. W. (2d) 455, 459, the remedy which the new act was intended to furnish was considered, and the court there stated:

“It seems to us that the legislature, having in mind the purposes intended to be accomplished by the act providing for a reorganization of school districts, intended to afford the newly organized and enlarged district sufficient money-raising power to enable it to accomplish the purposes for which it toas organized. * * *
“The single-teacher, single-room rural school is rapidly disappearing from the educational scene in Minnesota, and it seems that the very purpose of the reorganization act is to permit the formation of school districts of such size and nature as to be financially and economically able to provide equal educational opportunities to all children in the community. In order to do this, it will be necessary to erect many new or enlarged school buildings, which will require the expenditure of large sums of money.” (Italics supplied.)

In ascertaining legislative intent, we are well advised to consider the preamble to the pertinent statute.5 The preamble to L. 1949, c. 666, which strengthened the original reorganization act, though set out in full in the Huffman opinion, contains two clauses which warrant repetition here:

“Whereas, because of population trends and educational demands it becomes necessary to give consideration to the establishment of sound educational units, and
* * * # «
“Whereas, by the process of reorganization high school districts may be shaped into sound economic units, making available to all communities a good high school education, and” (Italics supplied.)

Obviously, the desirability of creating sound economic units to meet new educational needs was uppermost in the minds of the legislators.

In contradistinction to the pressing modern-day needs which prompted the school reorganization act; the power to form new [57]*57school districts irrespective of the boundaries of existing districts was granted to the county boards almost 100 years ago.6 We may well ask ourselves: Did the 1947 legislature, in enacting the school reorganization act, intend that the reorganized school districts established thereunder, which are designed to meet present rural educational needs, should be subject to destructive changes by means of proceedings instituted under a statute which was last fully considered by the legislature over ten years ago — long before the reorganization act was contemplated?7

But we are not limited to an historical approach in answering the question before us. As previously pointed out, the legislature clearly intended to provide a means for establishing larger school districts which would be sound economically, thereby enabling such districts to meet the increased financial demands of a large and complete modern educational system. Respondent, in effect, contends that county boards, on the petition of a group opposed to reorganization, have the power to form new school districts out of lands located in whole or in part within the reorganized district. If respondent’s contention is sustained, county boards are in a position to destroy the sound economic unit which the legislature sought and for which a majority within the reorganized district voted.

The construction of a statute must be practical.8 In our opinion, a practical construction would preclude the application of a statute permitting all or parts of a reorganized school district to be withdrawn so.as to form a new district upon the petition of a dissident minority within the reorganized district and upon the affirmative vote of a majority of the county board.

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Bluebook (online)
55 N.W.2d 597, 238 Minn. 53, 1952 Minn. LEXIS 748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bricelyn-school-district-no-132-v-board-of-county-commissioners-minn-1952.