In Re Creation of New School Dist., Traverse County

Supreme Court of Minnesota

In Re Creation of New School Dist., Traverse County

228 N.W. 168, 179 Minn. 30, 1929 Minn. LEXIS 935

CourtSupreme Court of Minnesota

DecidedDecember 13, 1929

DocketNo. 27,609.

StatusPublished

This text of 228 N.W. 168 (In Re Creation of New School Dist., Traverse County) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Creation of New School Dist., Traverse County, 228 N.W. 168, 179 Minn. 30, 1929 Minn. LEXIS 935 (Mich. 1929).

Pincite

Opinions

¹ Reported in 228 N.W. 168. Appellants, being three of several petitioners for the creation of a new school district, have appealed from an order of the district court vacating an order of the county commissioners establishing such school district and dismissing the proceedings.

The petition and order of the county board show that the purpose was to create and form a new school district from territory wholly within school district No. 38 in Traverse county. Pursuant to the petition the county board made an order making the north half of district No. 38 a new district to be known as common school district No. 61 of Traverse county. It ordered also that school district No. 38 should thereafter consist of the south half of the said school district as it had theretofore existed. The schoolhouse in the old district was located in the north half thereof. The order provided that the new district, No. 61, would get the schoolhouse but should pay one-half the value thereof to the old district.

G. S. 1923 (1 Mason, 1927) § 2748, provides that "no change in the boundaries of a district by organization of a new district or otherwise shall be made, so as to leave the old district without at least one schoolhouse used for school purposes," etc. This was just what was done. It was contrary to the statute. It was beyond the jurisdiction of the county board to make such an order. It was void. The respondent herein appealed therefrom, and the court made the order first above mentioned from which the appeal was taken to this court.

Affirmed. *Page 32

UPON APPLICATION FOR REARGUMENT. On January 10, 1930, the following opinion was filed:

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

¹ Reported in 228 N.W. 168. Appellants, being three of several petitioners for the creation of a new school district, have appealed from an order of the district court vacating an order of the county commissioners establishing such school district and dismissing the proceedings.

The petition and order of the county board show that the purpose was to create and form a new school district from territory wholly within school district No. 38 in Traverse county. Pursuant to the petition the county board made an order making the north half of district No. 38 a new district to be known as common school district No. 61 of Traverse county. It ordered also that school district No. 38 should thereafter consist of the south half of the said school district as it had theretofore existed. The schoolhouse in the old district was located in the north half thereof. The order provided that the new district, No. 61, would get the schoolhouse but should pay one-half the value thereof to the old district.

G. S. 1923 (1 Mason, 1927) § 2748, provides that "no change in the boundaries of a district by organization of a new district or otherwise shall be made, so as to leave the old district without at least one schoolhouse used for school purposes," etc. This was just what was done. It was contrary to the statute. It was beyond the jurisdiction of the county board to make such an order. It was void. The respondent herein appealed therefrom, and the court made the order first above mentioned from which the appeal was taken to this court.

Affirmed. *Page 32

UPON APPLICATION FOR REARGUMENT. On January 10, 1930, the following opinion was filed:

Cite This Page — Counsel Stack

Bluebook (online)

228 N.W. 168, 179 Minn. 30, 1929 Minn. LEXIS 935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-creation-of-new-school-dist-traverse-county-minn-1929.