Owendale-Gagetown School District v. State Board of Education

317 N.W.2d 529, 413 Mich. 1
CourtMichigan Supreme Court
DecidedMarch 31, 1982
Docket64193, (Calendar No. 9)
StatusPublished
Cited by41 cases

This text of 317 N.W.2d 529 (Owendale-Gagetown School District v. State Board of Education) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Owendale-Gagetown School District v. State Board of Education, 317 N.W.2d 529, 413 Mich. 1 (Mich. 1982).

Opinions

Coleman, C.J.

Plaintiffs are appealing the holding of the Court of Appeals that when property is detached from one school district and added to another, the matter need not be approved by a vote of the school tax electors of the district from which it is removed unless the parcel involved exceeds ten percent of the latest taxable valuation of the transferor school district. The issue is one of statutory construction. We conclude that the Court of Appeals decision accords with the plain meaning of § 461 of the School Code of 19551 and that the legislative intent underlying the statute is not so clearly contrary as to justify a departure from a literal reading of the statutory language.

I

The intervening defendants in this case petitioned the Huron and Tuscola Intermediate Boards [5]*5of Education to transfer their property from the Owendale-Gagetown School District to the Cass City School District. Their petition was denied on May 11, 1975, and they appealed to the State Board of Education. On May 19, 1976, the state board reversed the decision of the intermediate boards and ordered that the property be transferred as requested.

The Owendale-Gagetown School District petitioned the Ingham Circuit Court to review the decision of the State Board of Education. It alleged, inter alia, that § 461 of the School Code of 1955 required a vote of its school tax electors and that approval of the transfer by the State Board of Education was an abuse of discretion. The school district briefed only the former issue, and in its behalf noted that a prior transfer to the ElktonPigeon-Bay Port School District constituted 8.4% of the valuation of the Owendale-Gagetown School District. By adding that transfer to the present transfer of 9.2% of the latest taxable valuation of the district, a total of 17.6% of the valuation of the district would be lost by these two transfers. Thus, Owendale-Gagetown argued, since the present transfer, when added to the prior transfer, would exceed the ten percent valuation mentioned in § 461, a vote by the school tax electors of its district was required. The Ingham Circuit Court agreed and reversed the State Board of Education’s approval of the transfer.

The State Board of Education appealed to the Court of Appeals. The Court of Appeals reversed on August 15, 1977, holding that the Owendale-Gagetown School District lacked standing to challenge the property transfer. This Court denied the school district leave to appeal.

[6]*6On October 11, 1978, the Ingham Circuit Court granted a motion by the school district to add as plaintiffs resident electors from the district. The circuit court also granted a motion to intervene by those seeking to transfer out of the Owendale-Gagetown School District. Relying on its previous interpretation of § 461 of the School Code of 1955, the Court again reversed the State Board of Education’s approval of the intervening defendants’ petition to transfer from the district.

The State Board of Education appealed. On October 1, 1979, the Court of Appeals reversed the decision of the circuit court. It held that § 461 required a vote of the electors only when the area involved in a single transfer exceeded ten percent of the latest taxable valuation of the school district. This Court granted leave to appeal.

II

The pertinent statute provided:

"The county board of education may, in its discretion, detach territory from 1 district and attach it to another when requested to do so by resolution of the board of any district whose boundaries would be changed by such action, or when petitioned by not less than 2/3 of the resident owners of the land to be transferred. The county board of education shall take final action in regard to the resolution or petition within a period of 60 days of the receipt of the resolution or petition. Only territory contiguous to a district may be transferred. Whenever the latest available taxable valuation of the area to be detached is more than 10% of the latest available taxable valuation of the entire school district from which it is to be detached, the action of the county board of education directing such detachment shall not be valid unless approved, at an annual or special elec[7]*7tion called for that purpose in the district from which the detachment is to be made, by an affirmative vote of a majority of the school tax electors of the district, voting thereon.” MCL 340.461; MSA 15.3461. (Emphasis added.)

Plaintiffs contend that the italicized portion of this statute must be construed so as to require a vote of the electors of the transferor district for any property transfers after ten percent of the school district’s property value has been transferred.

As plaintiffs concede, a literal reading of the statute does not favor their position. The phrase "area to be detached” is to be construed. Both the phrase itself and its context clearly point to the area involved in a single transfer. By identifying the area as that which is "to be detached”, the statute cannot easily be read to have applied to that which already had been detached. Further, the statute, prior to using the phrase, stated:

"The county board of education may, in its discretion, detach territory from 1 district and attach it to another when requested to do so by a resolution of the board of any district whose boundaries would be changed by such action, or when petitioned by not less than 2/3 of the resident owners of the land to be transferred.” MCL 340.461; MSA 15.3461.

The territory the county board may have detached was that identified either in a resolution of the boards of affected districts or in a petition of the landowners seeking the transfer. Thus, when the statute later referred to "the area to be detached”, the only area which it was specifying was that which would be identified in such a resolution or petition. To conclude that this language refers to the areas involved in all prior petitions or resolu[8]*8tions that had resulted in transfers would contravene its clear and unambiguous meaning.

Ordinarily, this conclusion would render further interpretation of the statute unnecessary. Legislative intent controls statutory construction, and, in ascertaining such intent, the Legislature must be presumed to have intended the meaning expressed by the language it has chosen. When that language is clear and unambiguous, no further interpretation is necessary. Dussia v Monroe County Employees Retirement System, 386 Mich 244; 191 NW2d 307 (1971); City of Grand Rapids v Crocker, 219 Mich 178; 189 NW 221 (1922). There is, however, an exception to this fundamental rule of statutory construction that arises when a literal reading of the statutory language "would produce an absurd and unjust result and would be clearly inconsistent with the purposes and the policies of the act in question.” Salas v Clements, 399 Mich 103, 109; 247 NW2d 889 (1976).

Plaintiffs argue that this is a case in which a literal reading would circumvent the legislative intent. Pointing to the fact that a school district could be destroyed by many transfers of less than ten percent, the plaintiffs argue that what cannot be accomplished directly in one large transfer, without approval of its electors, should not be permitted to occur indirectly through many small transfers.

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Cite This Page — Counsel Stack

Bluebook (online)
317 N.W.2d 529, 413 Mich. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owendale-gagetown-school-district-v-state-board-of-education-mich-1982.