England v. Eckley

322 S.W.2d 146, 1959 Mo. App. LEXIS 572
CourtMissouri Court of Appeals
DecidedMarch 17, 1959
DocketNos. 30226, 30227
StatusPublished
Cited by5 cases

This text of 322 S.W.2d 146 (England v. Eckley) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
England v. Eckley, 322 S.W.2d 146, 1959 Mo. App. LEXIS 572 (Mo. Ct. App. 1959).

Opinion

HOUSER, Commissioner.

These are two mandamus proceedings brought separately by two different groups of citizens and taxpayers of Consolidated School District No. 2 of Audrain County (hereinafter “C-2”) to compel the members, clerk and secretary of the board of directors of C-2 to. post notices, advertise and conduct an election on the proposition of changing the boundaries of the school district in accordance with petitions to remove certain lands from C-2 and add them to Centralia Reorganized School District No. 6 of Boone County (hereinafter “R-6”). Petitioners proceeded under section 165.294. (All section references relate to R.S.Mo., 1949, V.A.M.S. unless otherwise indicated). The Circuit Court of Audrain County issued its alternative writ in each case. The returns and replies raised identical issues, namely: (1) whether the proceeding was ⅞ lawful attempt to change the boundaries, or an illegal attempt to encroach upon the lands of C-2 for the purpose of annexation of its territory to the territory of R-6, with ■ the intent to destroy C-2 both in area and value, under the guise of a change of bound[148]*148aries; (2) whether the petitions for a change of boundaries were legally sufficient, for failure (a) to allege or aver any necessity for the change of boundaries, (b) to adequately describe the boundaries of the property to be removed. The cases were consolidated for the purpose of trial. Following a hearing the Circuit Court of Audrain County entered judgment in each case quashing the writ and dismissing the petition. Petitioners appealed from the judgment in each case. The appeals were consolidated and will be disposed of in one opinion, since the legal problems are identical and the factual situations are so closely related as to be identical for all practical purposes.

C-2 is an inverted L-shaped district substantially all of which is located in the western part of Audrain County. R-6 adjoins C-2. R-6 is located in the northeastern part of Boone County.

The map illustrates the geographical situation. C-2 consists of 178 square miles of which Area 1 is 43 square miles (24%); Area 2 is 80 square miles (45%) and areas 3 and 4 total 55 square miles (31% of C-2). The total assessed valuation of the real estate in C-2 is $3,587,120. The real estate iñ Area 1 is assessed at $902,240, that in Area 2 at $1,728,350, and the combined assessed valuation in Areas 3 and 4 is $956,-530. Areas 1 and 2 are involved in the two cases here for review. Acting under § 165.294, petitions affecting the boundaries of Areas 1 and 2 were filed with the clerk of C-2 on January 29, 1958. No question about the number, residence or genuineness [149]*149of the signatures on the petitions, the timeliness of filing, the sufficiency of the descriptions in the petitions or necessity of the change was discussed, raised or heard by the board members. In February and March, 1958 several additional petitions were received by the clerk of C-2. The latter petitions sought to remove either Area 3 or Area 4 or both Areas 3 and 4 from C-2 and place them, in R-6. One petition was received to remove Areas 3 and 4 and place them in Mexico School District. The petitions relating to Areas 1 and 2 were turned down by the board of C-2 in March, 1958. These proceedings in mandamus were instituted the following May. Petitions under § 165.294 affecting the boundaries of Areas 1 and 2 were also filed with the secretary and board of R-6. Propositions to change the boundaries of C-2 to include these areas in R-6 were placed on the annual school election ballot in R-6, where they carried by a vote of 312 to 63 in favor of changing Area 1, and 301 to 69 in favor of changing Area 2.

The principal and controlling question is whether petitioners properly proceeded under section 165.294 or whether they should have proceeded under section 165.300. The former section prescribes the procedure for changing the boundary lines in any six director elementary or high school district. The latter section prescribes the procedure for annexation when an entire school district, or a part of a district, desires to be attached to an adjoining city, town, consolidated or village school district. The question in a capsule is whether petitioners were undertaking to change boundary lines in a lawful manner, or endeavoring to accomplish annexation in an unauthorized manner. We have concluded that petitioners were endeavoring to annex and attach a part of one school district to an adjoining district in an unauthorized manner; that they were not merely changing boundary lines; that they chose the wrong procedure to accomplish this obj ective, and that the circuit court properly upheld the rejection of the petitions by the board of directors of C-2.

Section 165.294 prescribes the procedure for the arbitration of boundary line disputes, see State ex rel. Reorganized School Dist. R-2 of Newton County v. Robinson, Mo.App., 276 S.W.2d 235, and for the making of relatively minor changes or alterations of boundary lines for established elementary or high school districts which, in the administration of the affairs of such districts, may become necessary in order to promote the convenience of the patrons of the district, or alleviate situations of hardship, or which otherwise may be necessary. Section 165.294 was not intended to provide a method for the extension or adjustment of boundary lines of an established district in such a manner as to either encompass, absorb, obliterate or consolidate with the whole of an adjoining district or districts. In this connection see Reorganized School Dist. No. R-8 of Lafayette County v. Robertson, Mo.Sup., 262 S.W.2d 847; State ex inf. Otto ex rel. Harrington v. School Dist. of Lathrop, 314 Mo. 315, 284 S.W. 135; State ex inf. Pulley ex rel. Harrington v. Scott, 307 Mo. 250, 270 S.W. 382; State ex rel. Consolidated School Dist. No. 2 of Pike County v. Ingram, Mo.App., 2 S.W.2d 113; Farber Consol. School Dist. No. 1 v. Vandalia School Dist. No. 2, Mo.App., 280 S.W. 69. Nor was section 165.294 designed to authorize major surgery by detaching a substantial portion of the land area, school district population or assessed valuation from one established school district and adding it to another. By the provisions of section 165.-300 the General Assembly has prescribed the statutory method of accomplishing the latter objective. State, at Inf. of Taylor ex rel. Schwerdt v. Reorganized School Dist. R-3, Warren County, Mo.App., 257 S.W.2d 262. In Schwerdt we held that section 165.170, the statutory predecessor of section 165.294, was not the appropriate [150]*150procedural statute to accomplish the release of two separate portions, but not all, of the territory of a school district for an- ■ nexation by two other school districts. In that case we pointed out that the change of boundary lines statute there involved was inapplicable for the reason, among others, that section 165.190, subdivision 3, which is still the law, provided that

“ * * * districts or parts of districts lying in another county, but adjoining a district that contains a city, town or consolidated school district, may become a part of the city, town or consolidated school district in the same manner as provided in section 165.300;”

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Bluebook (online)
322 S.W.2d 146, 1959 Mo. App. LEXIS 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/england-v-eckley-moctapp-1959.