Evergreen School District No. 114 v. Clark County Committee on School District Organization

621 P.2d 770, 27 Wash. App. 826, 1980 Wash. App. LEXIS 2495
CourtCourt of Appeals of Washington
DecidedDecember 10, 1980
DocketNo. 3608-II
StatusPublished
Cited by8 cases

This text of 621 P.2d 770 (Evergreen School District No. 114 v. Clark County Committee on School District Organization) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Evergreen School District No. 114 v. Clark County Committee on School District Organization, 621 P.2d 770, 27 Wash. App. 826, 1980 Wash. App. LEXIS 2495 (Wash. Ct. App. 1980).

Opinion

Petrich, J.

Plaintiff, Evergreen School District No. 114, has appealed the judgment of the Superior Court which affirmed the decision of the Clark County Committee on School District Organization not to transfer a parcel of real property from Vancouver School District No. 37 to plaintiff. We affirm the decision of the Superior Court.

On April 13, 1977, the Clark County Committee on School District Organization held a public hearing to consider a proposal to transfer a parcel of real property from [828]*828Vancouver School District No. 37 to Evergreen School District No. 114. The territory in question is zoned for commercial use and is the site on which a large shopping mall is to be constructed. Since the site is designated for commercial use, no school children reside within its boundaries. The County Committee heard much testimony for and against the proposal and received documentary evidence. Persons associated with Evergreen School District generally favored the transfer proposal because it would increase Evergreen's per-pupil valuation from approximately $35,200 to $40,600. Proponents argued that the transfer would reduce the present disparity of per-pupil valuation between the two districts whereas, if the parcel were retained by the Vancouver District, the per-pupil valuation disparity would increase. As such, they argued that the proposal presented an opportunity to equalize educational opportunity between the two districts without requiring a transfer of pupils between districts.

Representatives of Vancouver School District opposed the transfer because implementation would reduce their proposed per-pupil valuation which presently stood at slightly more than $59,000 and was anticipated to rise to approximately $62,650 upon completion of the shopping mall. They argued that Vancouver's per-pupil valuation, although higher than Evergreen's, was still less than the statewide average. Therefore, any attempt to equalize educational opportunity between the two districts by transferring the territory in question could have the effect of lowering the quality of education in Vancouver School District. The opponents also argued that Vancouver was relying upon the increase in tax base and projected rise in per-pupil valuation, and that the transfer would have an adverse impact on budget planning and bond ratings and could create uncertainty among business taxpayers in the area.

On May 11, 1977, the County Committee held a meeting to make a final decision on the transfer proposal. At this meeting committee members recited each of the factors [829]*829contained in RCW 28A.57.055 to be reviewed when proposed boundary changes between school districts are in question.1 This statute requires that the county committee "shall give due consideration" to eight factors, summarized as follows, when school district boundaries are adjusted:

(a) equalization of educational opportunities of pupils and economies in administration;
(b) equalization of tax burdens;
(c) geographical features;
(d) convenience and welfare of pupils;
(e) improvement of educational opportunities through extension of school programs and resources;
(f) equalization of the cost of high school facilities;
(g) effective utilization of facilities, and
(h) other matters which in the judgment of the committee may be related to the equalization and improvement of facilities and to tax rates.

Evidence presented at the public hearing was considered in relation to each factor applicable to the proposed transfer. During this meeting, the committee members discussed the equalization of educational opportunities which could result from the proposed transfer as offset by the reduction of Vancouver's tax base. The committee also discussed the [830]*830potential adverse effect on Vancouver's bond rating and budget planning. A work sheet was prepared listing relevant information presented under the first two factors, equalization of educational opportunities and tax burdens, the only two factors really relevant to the proposed transfer. After this discussion, the committee voted 4 to 2 against the transfer.

Evergreen School District sought review of the County Committee's decision in Superior Court by mandamus on the basis that the hearings violated the appearance of fairness doctrine because a member of the Vancouver District School Board participated as a member of the County Committee. The Superior Court dismissed the mandamus action after finding that the County Committee had fulfilled its statutory duty and had considered the factors contained in RCW 28A.57.055. It also concluded that the actions of the County Committee were quasi-legislative in nature, and, therefore, that the appearance of fairness doctrine did not apply to its proceedings.

Evergreen School District raises two issues on appeal: (1) whether the Superior Court erred in dismissing the application for writ of mandamus; and (2) whether the Superior Court erred by concluding that the appearance of fairness did not apply to the County Committee's proceedings.

A writ of mandamus may not be used to interfere with the discretionary action of an administrative tribunal unless that action is so arbitrary and capricious that it amounts to a total failure to exercise discretion. E.g. Peterson v. Department of Ecology, 92 Wn.2d 306, 314, 596 P.2d 285 (1979); State ex rel. Klappsa v. Enumclaw, 73 Wn.2d 451, 439 P.2d 246 (1968); Miller v. Pacific County, 9 Wn. App. 177, 509 P.2d 377 (1973). In such cases, mandamus may be used to compel the tribunal to exercise its discretion. Klappsa v. Enumclaw, supra at 453; Miller v. Pacific County, supra at 178. The action of a county committee in changing the boundaries of school districts within its jurisdiction pursuant to RCW 28A.57 is a discretionary one made after a consideration of the conflicting policies at [831]*831issue in each proposal. Port Townsend School Dist. 50 v. Brouillet, 21 Wn. App. 646, 650-52, 587 P.2d 555 (1978). Therefore, mandamus cannot issue in the present case unless the record shows that the County Committee completely disregarded the factors set forth by the legislature in RCW 28A.57.055 to guide the County Committee's exercise of its discretion.

A review of the record clearly shows that the County Committee considered all the guidelines contained in the statute, if they were applicable to the proposed transfer, before it voted to reject the proposal.

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Bluebook (online)
621 P.2d 770, 27 Wash. App. 826, 1980 Wash. App. LEXIS 2495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evergreen-school-district-no-114-v-clark-county-committee-on-school-washctapp-1980.