SCHOOL DISTRICTS NOS. 2, 3, 6, 9, AND 10 v. Cook

424 P.2d 751, 1967 Wyo. LEXIS 144
CourtWyoming Supreme Court
DecidedMarch 8, 1967
Docket3549, 3550
StatusPublished
Cited by58 cases

This text of 424 P.2d 751 (SCHOOL DISTRICTS NOS. 2, 3, 6, 9, AND 10 v. Cook) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
SCHOOL DISTRICTS NOS. 2, 3, 6, 9, AND 10 v. Cook, 424 P.2d 751, 1967 Wyo. LEXIS 144 (Wyo. 1967).

Opinions

Mr. Justice GRAY

delivered the opinion of the court.

Pursuant to the provisions of § 21-233, W.S.1957, the defendant, Nelle E. Cook, County Superintendent of Schools for Campbell County, Wyoming, published notice that a special election would be held on March 15, 1966, for the purpose of affording the qualified electors of said county an opportunity to adopt or reject a duly approved plan for the formation of a new countywide school district. The proposal affected twelve organized school districts in the county and each district was designated as a separate polling place for the election. In the canvass of the votes the districts were separately tabulated. The principal dispute here centers around the outcome of that election. Bearing upon this question is the provision of the foregoing section which reads:

“ * * * The formation of ■ the new district shall have been approved, if one of the following alternative requirements shall have been met.
“(a) A majority of the votes of the total area involved, disregarding all district boundaries, shall constitute approval if no district within said area has a majority of the total number of electors of the area.
“(b) If one component district within the area has a majority of the total number of electors of the proposed reorganized district, and a majority of the votes cast at the special election within the most populous district shall have been in favor of the proposed reorganized district, approval shall be indicated by this favorable majority in this most populous district and, in addition, by a favorable majority of the total area outside of this most populous district and considered separate from it by otherwise disregarding all existing district boundaries.”

In this connection the notice of the county superintendent advised that under the law of Wyoming the proposal would be deemed rejected unless approved by a majority vote in District One — which includes the Town [754]*754-of. Gillette1 ánd wllich the parties stipulated contained “more persons entitled to vote” than “all-the rest of Campbell County” — and a- majority of the votes cast in the total area ,of the-county outside of District One. The total vote cast-at the election was 898. Of these., 495 voted to adopt the plan and 403 -voted to reject it. -On the other hand, the .tabulated.vote for the twq áreas reflected a vote in.District One of 359 for adoption ^nd. 71 -opppsed, and a vote -in .the .outside ,atya of .136 for adoption and. 332 opposed. As, can ⅛ seen, the proposition carried by <i majority of the votes cast in the county as ^-whple .but -failed to. obtain a majority of ,the votes, cast, in each of the two areas. Apparently there was doubt as to the outworn?.,of the election and the chairman of the A-ate cpmmittee for the reorganization of .school' districts requested guidance from,,the attorney general. Under date of March-31, 1966, $ie attorney general, among 'other tilings, .gave it as his.opinion that the, word “electors” as used in the statute meant those '■“voting” at "the election without regárd to areas and as a consequence the reorganization! plan had been approved.- Opinion 13, Attorney: General Opinions, Wyoming, 1966. 'Shortly thereafter the county superintendent, pursuant to § 21-235, W.S.1957, ■entered an order reciting in substance that as a result of the adoption of the plan by the election all of the existing school districts in the county were abolished and a new district was formed to be known as “Campbell County Unified School District”; that the boundaries of the new district were coterminous with the boundary lines of the county,; and that a meeting would be held on April 26,. 1966, for the election of -trustees of the newly formed district and for organization of the board of-trustees.

Thereupon the plaintiffs filed their -complaint in the District Court of Campbell County, generally alleging the facts to be -as related above and further alleging that the county superintendent acted arbitrarily, -capriciously, and contrary to law in entering ■the said order for the reason that the proposed- reorganization . plan failed to •receive the vote necessary for its adoption or in the alternative that the election be .declared void for the reason that the statute in question was contrary to specified provisions of the constitution in that it was vague and, ambiguous and failed- to contain adequate standards for the conduct of said election. The relief sought was a declaratory judgment sustaining - either of -their -respective claims - and for supplemental relief by .way of a -temporary restraining order and-in junction. For our purposes we need not [generally concern purqel.vcs with matters relating. to the- requested . supplemental relief, and. we .come directly, to the ¡action taken, by :the -trial court on,the; motion of the 'county superintendent to dismiss the complaint ¡fox,■■ the- reason that it failed to state ,a1 [Claim ;upon which relief,.could be granted. , The motion was. -nqt supported by affidavits or otherwise and it does not indicate the grounds upon which the county superintendent relied.- Nevertheless-, from the manner in which the case was presented, it appears that it was predicated -upon the -same grounds advanced in resistance to the motion for a-temporary injunction to-the effect that plaintiffs- had. an, adequate remedy at law by way of appeal -from the ■order as provided in § 21-238, W.S.1957, or by an action in quo warranto; that the complaint fails to state facts sufficient to entitle plaintiffs'to'injunctive relief; that § 21-233(b), upon which plaintiff relies, is unconstitutional; and that the plan was adopted at the election' by a “majority of the voters” which was all that was required 'under the provisions of § 21-233 (a).

In the order and judgment entered by the trial court' granting the motion to dismiss it is recited that the court; in addition to the pleadings, considered the record made, which included a transcript of the testimony and proceedings had upon the hearing for a - preliminary injunction and also the stipulation of the parties mentioned above concerning the persons entitled to vote. Consequently, in keeping with Rule 12(b), W.R.C.P., we treat the motion as one for summary judgment. Although [755]*755counsel for the plaintiffs, in oral argument; complained that the procedure followed by the trial court deprived the plaintiffs of their day in court in that they were afforded no opportunity to present evidence in support of their claim for declaratory relief, we question that such contention is actually sustained by the record. Furthermore, we think the dispositive question in this case is whether or not the trial court reached the proper legal conclusion on the outcome of the election and we are inclined to agree with the view apparently taken by the trial court that on this issue there was no dispute as to the facts already established by the record; that further inquiry into the facts would be unrewarding; and all that remained to be done was to draw the legal conclusion. Fugate v. Mayor and City Council of Town of Buffalo, Wyo., 348 P.2d 76, 81, 97 A.L.R.2d 243; Forbes Company v. MacNeel, Wyo., 382 P.2d 56, 57.

The trial court in disposing of the motion has not aided us in delineating the grounds upon which its action was taken (see Park County Implement Co. v.

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Bluebook (online)
424 P.2d 751, 1967 Wyo. LEXIS 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-districts-nos-2-3-6-9-and-10-v-cook-wyo-1967.