Forest Oil Corp. v. District Boundary Bd. of Sweetwater County

419 P.2d 194, 1966 Wyo. LEXIS 171
CourtWyoming Supreme Court
DecidedOctober 24, 1966
Docket3487
StatusPublished
Cited by2 cases

This text of 419 P.2d 194 (Forest Oil Corp. v. District Boundary Bd. of Sweetwater County) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Forest Oil Corp. v. District Boundary Bd. of Sweetwater County, 419 P.2d 194, 1966 Wyo. LEXIS 171 (Wyo. 1966).

Opinion

Mr. Justice GRAY

delivered the opinion of the court.

School District Number 21, embracing some 21 townships of territory lying in the northwest corner of Sweetwater County, Wyoming, commonly known as the Eden-Farson District, and containing approximately $1,225,000 of assessed valuation for taxation purposes, filed a petition with the district boundary board of said county asking that its boundaries and the boundaries of other school districts within the county be adjusted in a manner to increase the assessed valuation of the district to the approximate sum of $5,000,000, in order that petitioner might provide adequate and necessary educational facilities for children residing therein which was not then possible under the limited tax resources.

District 21 was bounded on the north and west by the county line; on the south by Districts 6, 2, and 4; and on the east by District 4. During the pendency of the matter before the boundary board it apparently developed that the boundaries of the districts mentioned adjoining District 21, for reasons not here important, could not be disturbed, and seemingly District 21 had no *195 place to go to meet its claimed needs. To solve the dilemma a plan was suggested whereby the' board would reach out and join to District 21 two and one-half townships of land embraced within District 1, which incidentally was blessed with substantial oil deposits then being produced. The difficulty encountered was that the nearest boundary of the area selected out of District 1 lay some 45 air miles to the southeast of the eastern boundary of District 21, with the territory of District 4 intervening. Apparently there was no practical way of physically adjoining the boundaries of the selected area to the boundaries of District 21. But that did not dampen the enthusiasm of the supporters of the plan. The boundary board was simply asked to "leapfrog” over the territory of District 4 in order to pounce upon the area in question. Thus it is that counsel for appellants refer to the area as an “island” and we think properly so. It was completely surrounded by the boundaries of Districts 1 and 4.

It is not disputed that the only practical means of travel between the western boundary of the “island” and Farson is the highway running west to Rock Springs, Wyoming, and thence north to Farson, a distance of some 80 miles. The record does not seem definitely to fix the amount of valuation that District 21 hoped to acquire by this means, but inasmuch as its goal was to obtain additional valuation in the sum of $4,000,000, we can assume that such was the assessed valuation of the “island.”

After holding several meetings at which interested persons and taxpayers were in attendance, the boundary board undertook to put into effect the plan submitted to it, and in this respect we think the language contained in the resolution adopted for that purpose was rather significant. After reciting that full consideration had been given to the petition and the evidence presented at several public hearings, it was stated that the board “believes that said relief is necessary and essential to the well being of District #21, and, therefore, detaches the following described real property from School District # 1 [the “island”] and adds it to School District #21.” From this language it will be noted that the resolution did not in any fashion undertake physically to alter or change the previously existing boundaries of District 21. We would also point out that nothing was said of the “well-being” of affected persons and taxpayers in District 1.

Following adoption of the resolution by the boundary board, District 1, Forest Oil Corporation, and Colorado Oil and Gas Corporation — the latter two being taxpayers in District 1 — separately appealed to the District Court. Their right so to do under the provisions of § 21-211, W.S.1957, as amended by Ch. Ill, S.L. of Wyoming, 1961 (W.S.1957, 1965 Cum.Supp.), has not been questioned. In the lower court the matter was submitted on the record made before the boundary board; and the lower court, after reviewing such record, the briefs of counsel, and hearing argument, entered an order affirming in all respects the action taken by the boundary board. The taxpayers, as appellants, have brought the matter here for review.

They present two basic questions, which, stated in the language employed by their counsel, are:

“1. Does the District Boundary Board have legal authority to take a completely isolated tract out of District 1 and attach it to District 21 ?
“2. If such legal authority exists, has the Boundary Board acted within the proper and discretionary limits of its authority, that is to say, is there substantial evidence that its action is justified by the existing facts and is not an arbitrary and capricious decision by the Board ?”

In connection with the first question presented, it is the contention of appellants that even though there is no express provision in the constitution or statutes of this state requiring a school district to be composed of reasonably compact and contiguous parcels of land, it is nevertheless true as a general rule that the courts will impose *196 such a requirement - absent express legislative or constitutional authority to the contrary. We have examined the authorities cited to us by counsel, along with others, and we are persuaded that appellants’ contentions state the moré reasonable rule. In re Gooding County Commissioners, 77 Idaho 505, 295 P.2d 695, 699; Petitioners of School Dist. No. 9, Caddo County v. Jones, 193 Okl. 9, 140 P.2d 922, 924 ; 78 C.J.S. Schools and School Districts § 31 a and b(l), p. 686. Obviously, if the rule is applicable the boundary board was wholly without authority to reach out beyond the unchanged boundaries of District 21 and select and isolate an area in District 1 for the sole purpose of “juggling” the assessed valuation of the affected districts. Consequently, we turn to the constitution and statutes of this state to determine if there is some compelling reason why the foregoing rule of law should 'riot be applied. To accomplish this some review of legislative history upon the question will be beneficial.

For our purposes, we will start with Ch. 42, § 1, S.L. of Wyoming, 1913, which created a district boundary board for each county in the state. The boards were charged with the duty of “laying off their county into convenient school districts.” After that had been accomplished it was provided that the board “may alter and change the boundaries of the districts as formed from time to time as the convenience of the inhabitants of the aforesaid districts may require.” It will be noted that up to this point “contiguity” is not mentioned and the matter of "convenience” is emphasized. Then following this general grant of power, two contingencies are mentioned. The first dealt with the failure of a district to maintain a school for “twelve consecutive months.” In that event it was provided the board “shall abolish or join [such district] in a contiguous district.” The second dealt with a district having less than eight pupils.

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419 P.2d 194, 1966 Wyo. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forest-oil-corp-v-district-boundary-bd-of-sweetwater-county-wyo-1966.