Long v. School District No. 44

425 P.2d 822, 149 Mont. 220, 1967 Mont. LEXIS 341
CourtMontana Supreme Court
DecidedMarch 17, 1967
DocketNo. 11218
StatusPublished
Cited by1 cases

This text of 425 P.2d 822 (Long v. School District No. 44) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Long v. School District No. 44, 425 P.2d 822, 149 Mont. 220, 1967 Mont. LEXIS 341 (Mo. 1967).

Opinion

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal by plaintiffs from a judgment entered in [222]*222favor of defendants. Plaintiffs sought to enjoin the sale of school bonds. Defendants moved to dismiss plaintiffs’ amended complaint for failure to state a claim upon which relief could be granted. The district court granted the motion, and plaintiffs refused to plead further suffering the adverse judgment.

The plaintiffs are Vinge M. Long, Rike McClelland, and Rex T. Walker and are registered voters and taxpayers in School District No. 44 of Fergus County, Montana (hereinafter referred to as School District No. 44), and Moore High School District 44 of Fergus County, Montana (hereinafter referred to as Moore High School District 44).

The defendants are School District No. 44, its board of trustees and clerk, and Moore High School District 44, its board of trustees and clerk. The same individuals make up the board of trustees and clerk for School District No. 44 and for Moore High School District 44.

Moore High School District 44 is composed of the following common school districts: School District No. 44; School District No. 6, G-arneil, Montana; School District No. 19, Pai’adise, Montana; School District No. 70, Buffalo,^Montana, and School District No. 120, Kolin, Montana.

The board of trustees of School District No. 44 received a valid petition requesting the board to call an election to submit to the qualified voters the question of whether the board should be authorized to issue and sell bonds for the purpose of erecting and equipping a new grade school. The petition estimated that the amount of bonds required for this purpose would be $210,000.00. On December 29, 1965, the board of trustees passed a resolution calling for an election on this question on January 22, 1966.

The board of trustees of Moore High School District 44 received a valid petition requesting the board to call an election to submit to the qualified voters the question of whether the board should be authorized to issue and sell bonds for the purpose of erecting and equipping a new high school. The peti[223]*223tion estimated that the amount of bonds required for this purpose would be $315,000.00. On December 29, 1965, the board of trustees passed a resolution calling for an election on this question on January 22, 1966.

Shortly after these elections had been called, the board of trustees issued a brochure which explained the proposed building plan should the bond issues pass. The brochure was signed “Board of Trustees, Moore School District No. 44,” but since the same individuals comprise both boards, it can be assumed that the brochure explained the position of both boards.

The brochure explained that the new grade school and high school would form one compact building; that the grade school and high school would share a central library, a multi-purpose room, a lunchroom, and industrial arts, science, and home economics facilities; and that construction of the grade school and high school in this manner and would save on construction costs. The brochure pointed out the various compelling reasons for the construction of the grade school and high school as the following: (1) The state fire marshal had declared the grade school and high school buildings fire hazards; (2) Without the construction of new grade school and high school facilities the schools would lose their accreditation by the state board of education; (3) The grade and high schools were presently on a “warned” status by the state board of education; (4) Loss of accreditation would result in loss of state and county funds presently provided to the schools and would require a special levy on the taxpayers of the districts.

On January 12, 1966, one of the trustees indicated at a public meeting that if either bond issue failed, no construction would take place due to the manner in which the grade school and high school had been planned.

The voters in School District No. 44 approved the bond issue for the grade school by a vote of 144 to 94. The voters in Moore High School District 44 approved the bond issue for the high school by a vote of 156 to 146.

[224]*224The main issue presented by this appeal is whether the boards of trustees of School District No. 44 and Moore High School District 44 have the authority to build the new grade school and high school in the manner planned, that is, by combining the schools into one compact building unit which shares facilities that are common to both schools.

To properly discuss this issue we must make clear the relationship that exists between School District No. 44 and Moore High School District 44.

Chapter 47, Extraordinary Session Laws of 1933, which was codified as sections 1301.1 to 1301.6, R.C.M.1935, allowed for the creation of high school districts like Moore High School District 44. Section 1301.2, R.C.M.1935, provided in part: “In all counties having county high school, in which there are maintained two (2) or more high schools, a commission consisting of the county commissioners and the county superintendent of schools shall at the request of any high school board of trustees in the county, divide the county into high school districts for the purpose of this act * * *.

“* * * Common school districts may be grouped for the purpose of this act * * * 'No common school districts shall be divided for the purposes of this act but must be made a part of a high school district in its entirety. * * *”

Chapter 275, Laws of 1947, repealed sections 1301.1 to 1301.6, R.C.M.1935, and was codified as sections 75-4601 to 75-4606, R.C.M.1947. Section 75-4605, recognized the validity of high school districts created under the 1933 Act and provides in part: “* # * All high school districts heretofore created under the provisions of sections 1301.1 to 1301.6, inclusive, of the Revised Codes of Montana, 1935, and chapter 275, Laws of 1947, and amendments thereof, are hereby recognized as legally organized high school districts with full powers under this act.”

Section 75-4601 provides how the board of trustees of such high school districts are designated and reads in part: “# * * [225]*225(T)he boards of trustees of any school districts maintaining district high schools, are hereby designated as the board of trustees of the respective high school districts established under this act * * *.” The section goes on to provide how additional members of the high school district board of trustees can be elected.

The powers, purpose, and bonding power of such high school districts are spelled out in the following sections:

Section 75-4605 provides in part: “This act shall not prevent the exercise of powers as elsewhere in the statutes of this state provided. It shall constitute an additional and cumulative method of borrowing money and of carrying out the powers herein authorized. The high school districts created under the provisions of this act, are for the construction, repair, improvement, and equipment purposes only * *

Section 75-4603 provides: “Bach high school district created under this chapter shall be a corporation separate from the common school districts included therein.

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Related

State ex rel. Tilzey v. School District No. 44
428 P.2d 974 (Montana Supreme Court, 1967)

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Bluebook (online)
425 P.2d 822, 149 Mont. 220, 1967 Mont. LEXIS 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-school-district-no-44-mont-1967.