Everding v. Board of Education

76 N.W.2d 205, 247 Iowa 743, 1956 Iowa Sup. LEXIS 333
CourtSupreme Court of Iowa
DecidedApril 4, 1956
Docket48921
StatusPublished
Cited by23 cases

This text of 76 N.W.2d 205 (Everding v. Board of Education) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Everding v. Board of Education, 76 N.W.2d 205, 247 Iowa 743, 1956 Iowa Sup. LEXIS 333 (iowa 1956).

Opinion

Garfield, J.

The question presented is whether residents of an existing school district are authorized by statute to appeal from an order of joint boards of education of three counties, under section 275.16, Code, 1954, determining and fixing the boundaries of a community school district, proposed to be established under Code (1954) chapter 275, to include land within the existing district. In adjudicating a law point under rule 105, Rules of Civil Procedure, the district court held such residents are not authorized to appeal. From judgment dismissing their petition pursuant to such adjudication plaintiffs have appealed to us. We affirm the decision.

Plaintiffs reside in Falls Township Consolidated Independent School District in Cerro Gordo county. Although we do not regard it as important, collectively they constitute the board of directors of that district. Incidentally, and this too we think is *746 unimportant, it is not claimed the district is a party to this action. The county boards of education of Floyd, Cerro Gordo and Mitchell counties, acting as a single board under Code section 275.16, determined and fixed the boundaries of a community school district of Nora Springs, proposed to be established under Code chapter 275, to include certain land in the Falls ToAvnship district.

Thereafter plaintiffs appealed the decision of the joint boards to the state superintendent of public instruction. However, she held an appeal from such a decision by individuals would not lie and dismissed the appeal. Pursuant to section 275.18, notice was published of an election upon establishment of the proposed district. Plaintiffs then brought this action against the joint boards in the district court of Floyd county as an appeal from the above order made by them.

Plaintiffs’ petition alleges the facts just mentioned and indicates their principal contentions on the merits are that land should not be taken from the Falls Township district for the new community district without a vote of all qualified voters in the existing district and if this may be done such action is unconstitutional as a wrongful delegation of authority, a denial of equal protection of the law and an arbitrary deprivation of a vested property interest. They asked that the order of the joint boards be set aside insofar as it pertains to land in the Falls district and that the holding of the election be enjoined.

Regarding defendants’ answer to plaintiffs’ petition it is sufficient to say it admits the factual matters we have referred to but denies plaintiffs are such persons as may appeal from defendants’ order determining and fixing boundaries of the new district. Upon defendants’ application under rule 105, Rules of Civil Procedure, and with plaintiffs’ agreement the district court adjudicated this point- of law. - The ruling was in defendants’ favor and since this disposed of the case plaintiffs’ petition was dismissed at their costs.

The case involves the proper interpretation of the applicable sections of chapter 275. It is fundamental that the right of appeal is purely a creature of statute. Such right was unknown at common law. It is not an inherent or a constitutional *747 right and the legislature may. grant or deny it at pleasure. Vander Burg v. Bailey, 207 Iowa 797, 799, 223 N.W. 515, 516; Wissenberg v. Bradley, 209 Iowa 813, 821, 229 N.W. 205, 67 A. L. R. 1075, 1081, and citations; Dean v. Clapp, 221 Iowa 1270, 1272, 268 N.W. 56; State ex rel. McPherson v. Rakey, 236 Iowa 876, 878, 20 N.W.2d 43, 44, and citations, including 2 Am. Jur., Appeal and Error, section 6, which cites numerous decisions for the proposition, “unless the statute expressly of by plain implication makes provision therefor, there is no right of appeal.” Thus plaintiffs have no right of appeal here unless it is conferred by chapter 275. It is not claimed any "other statute confers such a right.

In reaching the correct interpretation of the applicable provisions of chapter 275 we should consider the entire Act and, so far as possible, construe its various provisions in the light of their relation to the whole. This is a fundamental rule of statutory construction. Ahrweiler v. Board of Supvrs. (Oliver, J.), 226 Iowa 229, 231, 283 N.W. 889, 890; Board of Park Commissioners v. City of Marshalltown, 244 Iowa 844, 851, 58 N.W.2d 394, 398, and citations; Wolf’s v. Iowa Employment Security Comm., 244 Iowa 999, 1006, 59 N.W.2d 216, 220, and citations.. See also McCarthy v. Iowa Employment Security Comm. (Smith, J.), 247 Iowa 760, 76 N.W.2d 201.

Chapter 275 was enacted in April 1953 as chapter 117, Acts of Fifty-fifth General Assembly. It amended and revised chapters 275 and 276, Code, 1950. While we have considered some phases of the law the question now presented is new. Much of chapter 275 is analyzed and parts of it are quoted in an article by Eugene Davis in 39 Iowa Law Review 570, and one by LeRoy R. Voigts in 3 Drake Law Review 57.

The two most important Code sections now to be considered-are 275.16 and 275.8. They are the only ones in the chapter which refer to a right of appeal. (Section 275.18 provides -for' delay in giving notice of election on establishment of joint districts, i.e., those lying in two or more adjacent counties, until time for appeal has expired.) However it seems desirable to set out not only 275.16 and 275.8 but other provisions in the chap-’ *748 ter, which bear on the problem presented in the numerical order in which they appear.

“275.1 Declaration of policy — surveys. It is hereby declared to be the policy of the state to encourage the reorganization of school districts into such units as are necessary, economical and efficient and which will insure an equal opportunity to all children of the state. * * * the county board of education in each county of the state shall initiate detailed studies and surveys of the school districts within the county and territory adjacent thereto for the purpose of promoting such reorganization of districts by unions, mergers, reorganizations or centralization as will effect more economical operation and the attainment of higher standards of education in the schools.

“275.8 Co-operation of state department. The state department of public instruction shall co-operate with the several county boards of education in making the studies and surveys required hereunder. In the case of controversy over the plamnmg of joint districts, the matter shall be submitted to the state board of public instruction and its decision may be appealed to a court of record in one of the counties involved, by an aggrieved party to the controversy, within thirty days after the decision of the state board of public instruction. Joint districts shall mean districts that lie in two or more adjacent counties. (Emphasis added.)

“275.12 Petition.

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Bluebook (online)
76 N.W.2d 205, 247 Iowa 743, 1956 Iowa Sup. LEXIS 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/everding-v-board-of-education-iowa-1956.