New Public School District 8 v. State Board of Public School Education

2016 ND 163, 883 N.W.2d 460, 2016 N.D. LEXIS 161, 2016 WL 4379223
CourtNorth Dakota Supreme Court
DecidedAugust 17, 2016
Docket20160093
StatusPublished
Cited by1 cases

This text of 2016 ND 163 (New Public School District 8 v. State Board of Public School Education) 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
New Public School District 8 v. State Board of Public School Education, 2016 ND 163, 883 N.W.2d 460, 2016 N.D. LEXIS 161, 2016 WL 4379223 (N.D. 2016).

Opinion

SANDSTROM, Justice.

[¶ 1] New Public School District #-8 appeals from a judgment affirming the State Board of Public School Education’s decision approving annexation of certain real properties to the Williston School District. New Public School District argues the State,Board erred in approving the petition for annexation because the property to be annexed was not contiguous to the Williston School District before the petition was heard. We affirm.

I

[¶2] On January 21, 2015, the State Board approved annexation of property owned by Halliburton Energy Services to the Williston School District; The Halliburton property is adjacent or contiguous to the Williston School District., The annexation of the Halliburton property was to become effective oh July 1, 2015.

[¶ 3] In February 2015, Kristi and Derek Gutierrez and Sharyn . Silverio jointly petitioned to annex to the Williston School District their, properties which were part of the New Public. School District. At that tirhe, neither the Silverio property nor the Gutierrez property was contiguous to the Williston > School. District. The Silverio property is adjacent to the Halliburton property, and .the. Gutierrez property is adjacent to.the Silverio property. The Gutierrez family has two school-age children.

' [¶ 4] On March 26, 2015, the Williams County Reorganization Committee held a hearing on the annexation petition. Kristi Gutierrez testified in süpport of the petition, and the superintendent of the New Public School District testified against it. ;After the hearing, the County .'Committee approved the petition, stating the children’s, distance to school, busing, inconvenience to the family, the parents’ and students’ wishes,. and- the parents’ voting rights were all reasons supporting the annexation. The County: Committee also noted annexation was the only way the *462 children would be able to attend the Willi-,ston School District.

[¶ 5] The Gutierrez-Silverio annexation petition was submitted to the State Board for final approval and a hearing was held on May 18, 2015. Kristi Gutierrez and the New Public School District superintendent testified. The State Board approved the petition, finding various relevant factors supported annexation, including that the Gutierrez family had been told their home was located in the Williston School District when they purchased the home, the home builder had said the children would attend the neighborhood school located in the Williston School District, there was no other way the children would be able to attend school in the Williston School District, annexation would allow the petitioners to vote and run for office in the Williston School District, and the Williston School District supported annexation. The State Board fpund the annexation petition met the statutory requirements 'of N.D.C.C. §§ 15.1-12-03 and 15.1-12-04, including that the property will be contiguous to the Williston School District on July 1,' 2015, the effective date of annexation.

[¶ 6] New Public School District appealed the Státe Board’s decision, arguing the annexation petition did not meet statutory requirements, because the subject property was not contiguous to the Willi-ston School District before or at the time of the county committee hearing. The district court affirmed the State Board’s decision.

[¶ 7] The district court had jurisdiction under N.D. Const, art. VI, § 8, and N.D.C.C. §§ 15.1-12-05(13), 27-05-06, and 28-32-42. New Public School District’s appeal to this Court was timely under N.D.R.App.P. 4(a) and N.D.C.C. § 28-32-49. This Court has jurisdiction under N.D. Const, art. VI;• §§ 2 and 6,' and N.D.C.C. § 28-32-49.

II

[¶ 8] The State Board is an administrative agency, and we review its decision as we review decisions by other administrative agencies. In re Lewis & Clark Pub. Sch. Dist. # 161, 2016 ND 41, ¶ 5, 876 N.W.2d 40. We review the agency’s decision and the record compiled before the agency, rather than the district court’s decision and findings. Id. The State Board’s decision must be affirmed unless:

1. The order is not in accordance with the law.
2. The order is in violation of the constitutional rights of the appellant.
3. The provisions of [N.D.C.C. eh. 28-32] have not been complied with in the proceedings before the agency.
4. The rules or procedure of the agency have not afforded the appellant a fair hearing.
5. The findings of fact made by the agency are not supported by a preponderance of the evidence.
6. The conclusions of law and order of the agency are not supported by its findings of fact;
7. The findings of fact made by the agency do not sufficiently address the evidence presented to the agency by the appellant.
8. The conclusions of law and order of the agency do not sufficiently explain the agency’s rationale for not adopting any contrary recommendations by a hearing officer or an administrative law judge.

N.D.C.C. § 28-32-46. In reviewing an agency’s findings of fact, “we do not make independent findings of fact or substitute our judgment for that of the agency. We determine- only whether a reasoning mind reasonably could have determined that the *463 factual conclusions reached were proved by the weight of the evidence from the entire record.” Power Fuels, Inc. v. Elkin, 283 N.W.2d 214, 220 (N.D.1979).

Ill

[¶ 9] New Public School District argues the State Board’s decision ordering annexation is not in accordance with the law. New Public School District contends the petition did not meet statutory requirements for annexation because N.D.C.C. ch. 15.1-12 requires the property to be contiguous with the school district it would be annexed to when the petition for annexation is heard.

[¶ 10] Section 15.1-12-03, N.D.C.C., contains the eligibility requirements for annexation, stating:

Real property may be annexed to a school district provided:
1. The property to be annexed constitutes a single area that is contiguous to the school district;
2. The property to be annexed does not constitute an entire school district;
3. The annexation petition is signed by two-thirds of the qualified electors residing on the property to be annexed;
4. The annexation petition is filed with the county superintendent of schools whose jurisdiction includes the administrative headquarters of the district;
5. A public hearing is held by the county committee or the county committees, as required in section 15.1-12-05; and
6. The annexation petition is approved by the state board.

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Bluebook (online)
2016 ND 163, 883 N.W.2d 460, 2016 N.D. LEXIS 161, 2016 WL 4379223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-public-school-district-8-v-state-board-of-public-school-education-nd-2016.