Garner Public School District No. 10 v. Golden Valley County Committee for Reorganization of School Districts

334 N.W.2d 665, 11 Educ. L. Rep. 662, 1983 N.D. LEXIS 332
CourtNorth Dakota Supreme Court
DecidedMay 26, 1983
DocketCiv. No. 10349
StatusPublished
Cited by15 cases

This text of 334 N.W.2d 665 (Garner Public School District No. 10 v. Golden Valley County Committee for Reorganization of School Districts) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garner Public School District No. 10 v. Golden Valley County Committee for Reorganization of School Districts, 334 N.W.2d 665, 11 Educ. L. Rep. 662, 1983 N.D. LEXIS 332 (N.D. 1983).

Opinion

PAULSON, Justice.

This is an appeal by Lone Tree Public School District No. 6 from an order of the district court which reversed an order of the State Board of Public School Education acting as the State Committee for Reorga[667]*667nization of School Districts. The State Committee approved a dissolution plan for the Garner School District made by the Golden Valley County Committee for Reorganization of School Districts. The district court ordered that the State Committee’s findings of fact, conclusions of law, and order were reversed, and it remanded to the County Committee to start the dissolution proceedings from the beginning. We reverse the order of the district court and remand to the district court with direction to remand to the State Committee for further proceedings consistent with this opinion.

The parties involved in this appeal are the district which is. to be dissolved, the Garner Public School District No. 10 [Garner]; the appellant, the Lone Tree Public School District No. 6, which includes the town of Golva [Golva]; the Beach Public School District No. 3 [Beach]; the Golden Valley County Committee for Reorganization of School Districts [County Committee]; and the State Board of Public School Education acting as the State Committee for Reorganization of School Districts [State Committee].

Garner has not operated a school since 1978. Pursuant to § 15-53.1-41 of the North Dakota Century Code, Garner notified the County Committee so that it could begin proceedings to dissolve the school district. In 1981 the County Committee held a hearing and submitted a dissolution plan to the State Committee for approval, as required by § 15-53.1-41, N.D.C.C. The plan was not approved so the County Committee held a second hearing and submitted a second dissolution plan to the State Committee. The second plan also was not approved.

In 1982 the County Committee held hearings on April 19 and on April 27 regarding a third dissolution plan. This plan provided that nine sections of land were to be attached to Beach and twenty-seven sections of land were to be attached to Golva. Each family in the Garner School District which had school age children was allowed the choice of attaching the portion of land containing its farmstead to the school district containing the school the parents wanted their children to attend. As a result, three children would attend school in Golva and six children would attend school in Beach.

Although the children were allowed to attend their families’ choice of schools under the third plan, a controversy still existed regarding the uninhabited land whose owners would provide taxes for either Beach or Golva. Because Golva is a smaller school than Beach, it needs more money per pupil to operate and it has a higher mill levy than that of Beach. An area of local concern involved the situation wherein a family’s farmstead was attached to Beach so that its children could attend school in Beach, but the remainder of their land was attached to Golva to support the smaller school.

The State Committee held an informal open hearing on the third plan in May 1982. Because the County Committee had not considered the issue of adjustment of any properties, debts, or liabilities belonging to Garner, as required by § 15-53.1-42, N.D. C.C., the State Committee remanded to the County Committee for a hearing on that issue.

The County Committee held a public hearing on June 2,1982, and voted to divide Garner’s properties, debts, and liabilities by giving twenty-five percent to Beach and seventy-five percent to Golva. It appears from the minutes taken at this meeting that public testimony was not allowed until after the County Committee voted. The State Committee then reconvened on June 21, 1982, and approved the dissolution of Garner as proposed by the third plan. However, the State Committee did not allow the introduction of evidence or the cross-examination of witnesses at the June 21 hearing, and Beach submitted written procedural objections.

The State Committee approved the dissolution on June 21, 1982, and issued the following findings of fact, conclusions of law, and order on July 26, 1982:

[668]*668“FINDINGS OF FACT
I.
“That on or about March 15, 1982 the county superintendent of schools notified the Committee for the Reorganization of School Districts, that according to statute the Garner Public School District must be dissolved and attached to other school districts or district.
II.
“That on April 19, 1982 at 1:00 o’clock p.m., pursuant to due notice, a meeting was. held in the Golden Valley Courthouse, Beach, North Dakota, by the Golden Valley County Committee for School District Reorganization considering the dissolution of the Garner Public School District.
III.
“Sections 1, 2, 3, 13, 14, 15, 16, 20, 22; attached to Beach and the balance of the township attached to Lone Tree. It was approved by the Golden Valley County Reorganization Committee by a vote of two in favor and one opposed.
IV.
“That subsequent to such dissolution hearing the plan was submitted to the State Board of Public School Education by Bud Dahl, Golden Valley County Superintendent of Schools, as provided in Section 15-53.1-06 of the North Dakota Century Code.
V.
“That pursuant to notice, a hearing was held before the State Board of Public School Education on May 17,1982 regarding the dissolution of Garner Public School District.
VI.
“That subsequent to said hearing before the State Board of Public School Education the following findings were made regarding the merits of the dissolution of Garner Public School District and its attachment to Lone Tree Public School District and Beach Public School District in Golden Valley County, North Dakota:
(1) The county committee determined the attachment is an acceptable part of the Golden Valley County Comprehensive Reorganization Program.
(2) The value and amount of school property and indebtedness has been determined by the county committee.
(3) An equitable adjustment of property, assets [s/c], debts and liabilities has been made by the county committee.
(4) The attachment will provide the best educational opportunities for pupils of the public schools and the wisest use of public funds for the support of the public school system, school districts and attached territory.
(5) The district to be dissolved will be attached to a contiguous district operating an accredited high school.
CONCLUSIONS OF LAW
I.
“That the State Board of Public School Education has jurisdiction of the parties hereto and the subject matter hereof, pursuant to Chapters 15-53.1 and 28-32 of the North Dakota Century Code.
II.
“The dissolution plan was filed pursuant to and in accordance with law.
III.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Fastow v. Burleigh County Water Resource District
415 N.W.2d 505 (North Dakota Supreme Court, 1987)
Schultz v. North Dakota Department of Human Services
372 N.W.2d 888 (North Dakota Supreme Court, 1985)
County of Stutsman v. State Historical Society of North Dakota
371 N.W.2d 321 (North Dakota Supreme Court, 1985)
Matador Service, Inc. v. Missouri Basin Well Service, Inc.
367 N.W.2d 749 (North Dakota Supreme Court, 1985)
Barrett Mobile Home Transport, Inc. v. Skjonsby Truck Line, Inc.
357 N.W.2d 227 (North Dakota Supreme Court, 1984)
Barrett Mobile Home Transport, Inc. v. Zimbelman
356 N.W.2d 99 (North Dakota Supreme Court, 1984)
Application of Zimbelman
356 N.W.2d 99 (North Dakota Supreme Court, 1984)
Matter of Annex. of Part of Solen Pub. Sch. Dist.
351 N.W.2d 435 (North Dakota Supreme Court, 1984)
Garner Pub. Sch. v. GOLDEN VALLEY CTY. COMMITTEE
334 N.W.2d 665 (North Dakota Supreme Court, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
334 N.W.2d 665, 11 Educ. L. Rep. 662, 1983 N.D. LEXIS 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garner-public-school-district-no-10-v-golden-valley-county-committee-for-nd-1983.