In Re the Annexation of a Part of Donnybrook Public School District No. 24

365 N.W.2d 514, 24 Educ. L. Rep. 491, 1985 N.D. LEXIS 279
CourtNorth Dakota Supreme Court
DecidedMarch 26, 1985
DocketCiv. 10774, 10775
StatusPublished
Cited by32 cases

This text of 365 N.W.2d 514 (In Re the Annexation of a Part of Donnybrook Public School District No. 24) 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
In Re the Annexation of a Part of Donnybrook Public School District No. 24, 365 N.W.2d 514, 24 Educ. L. Rep. 491, 1985 N.D. LEXIS 279 (N.D. 1985).

Opinion

GIERKE, Justice.

The State Board of Public School Education (the State Board) has appealed from district court judgments setting aside the State Board’s approval of two petitions to annex land from Donnybrook Public School District No. 24 (Donnybrook) to Stanley Public School District No. 2 (Stanley). We reverse and remand.

By petition, Marlowe and Cathleen Gan-drud, whose children have never attended sehool in Donnybrook, sought to have the following land located in Donnybrook annexed to Stanley:

“SEV4 of Section 8 of Township 157 North Range 88 West commonly known as Stave Township, Mountrail County.”

By petition, James and Doris Goettle, who have had children attend school in Donnybrook, sought to have the following land located in Donnybrook annexed to Stanley:

*517 “Lots 4, 5, 6, and 7 of Section 6 of Township 157 North Range 88 West commonly known as Stave Township; and Lots 1, 2, 3, and 4 of Section 7 of Township 157 North Range 88 West commonly known as Stave Township, Mountrail County.”

All of the property sought to be annexed is located in Mountrail County. Part of Donnybrook is located in Ward County. Hearings on the petitions were conducted by the county committees for the reorganization of school districts of both Ward and Mountrail Counties on July 13, 1983. The Mountrail County Committee approved both petitions and the Ward County Committee disapproved both petitions.

The petitions were then submitted to the State Board. At a hearing held on August 16, 1983, the State Board remanded both petitions to the county committees with directions that they make specific written findings of fact. The county committees made findings of fact and the State Board held hearings on the petitions on October 17, 1983. The two petitions were heard separately, but the testimony in the first hearing was incorporated into the second hearing. The State Board approved both annexation petitions.

Donnybrook appealed the State Board’s decisions to the district court. The district court remanded the Gandrud annexation to the State Board with directions (1) to consider “whether or not the proposed annexation will be consistent with the Comprehensive Program for the Reorganization of School Districts within Ward County”; (2) “that the matter be entirely reheard by the State committee” because of failure to comply with § 15-53.1-06, N.D.C.C.; (3) “that the State Committee rehear the entire matter' and consider any evidence the parties may wish to submit on the subject” of the impact on Donnybrook; and (4) “that this petition first be remanded by the State Committee to the Mountrail County Committee for a rehearing on this petition at which time all requirements of the open meeting law should be complied with.” The district court similarly remanded the Goettle annexation, but the court also determined that the Goettle property was not contiguous to Stanley and directed “that the State Committee dismiss the Goettle petition for annexation without any further hearings.” The State Board appealed both judgments to this Court.

Several issues have been raised on appeal:

I
Whether or not failure of a county committee to take a recorded roll call vote on an annexation petition requires the State Board to deny a petition and remand the matter to the county committee for rehearing.
II
Whether or not the property sought to be annexed in the Goettle petition is contiguous to Stanley and whether or not annexation would result in logical boundaries.
III
Whether or not the State Board was required to consider the effect of the annexation petitions on Donnybrook.
IV
Whether or not the State Board was required to find that the petitions were in accordance with the Ward County reorganization plan in order to approve them.
V
Whether or not the State Board complied with § 15-53.1-06(3), N.D.C.C.
VI
Whether or not it is constitutionally permissible to allow some residents to select a school district by annexation when that privilege is denied residents in the interi- or of a school district.
*518 VII
Whether or not the district court considered the effect on the Goettle children of remaining in Donnybrook and the effect on the Gandrud children of being forced to begin attending Donnybrook.

Our review is governed by §§ 28-32-21 and 28-32-19, N.D.C.C. Edmore Public School District No. 2 v. State Board of Public School Education, 326 N.W.2d 81 (N.D.1982).

“In an appeal from a decision of an administrative agency, such as the State Committee, which has been appealed first to the district court and then to this court, we review the decision of the agency and look to the record compiled by the agency. Application of Nebraska Public Power Dist., 330 N.W.2d 143, 146 (N.D.1983). Section 28-32-19, N.D. C.C., controls the scope of our review of an administrative agency determination. The factual basis of an administrative order is reviewed in a limited manner by considering the following questions: ‘(1) Are the findings of fact supported by a preponderance of the evidence? (2) Are the conclusions of law sustained by the findings of fact? (3) Is the agency decision supported by the conclusions of law?’ Asbridge v. North Dakota State Highway Com’r, 291 N.W.2d 739, 743 (N.D.1980). In addition to reviewing the factual basis for an agency’s decision, this court considers whether the decision violates constitutional rights or is not in accord with the law. See § 28-32-19, N.D.C.C. This court exercises restraint when reviewing agency findings; we do not substitute our judgment for that of the agency. Asbridge, supra 291 N.W.2d at 744.” [Footnote omitted.]

Gamer Public School District No. 10 v. Golden Valley County Committee For Reorganization of School Districts, 334 N.W.2d 665, 671 (N.D.1983).

“Ordinarily, determinations of an administrative body are presumed to be correct and valid. In re Superior Service Company, 94 N.W.2d 84, 88-89 (N.D.1959). Courts do not have jurisdiction to decide administrative questions. Application of Northern States Power Company, 171 N.W.2d 751, 755 (N.D.1969).

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365 N.W.2d 514, 24 Educ. L. Rep. 491, 1985 N.D. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-annexation-of-a-part-of-donnybrook-public-school-district-no-24-nd-1985.