Snell v. Johnson County School District No. 1

2004 WY 19, 86 P.3d 248, 2004 Wyo. LEXIS 25, 2004 WL 414640
CourtWyoming Supreme Court
DecidedMarch 8, 2004
Docket03-121, 03-151
StatusPublished
Cited by4 cases

This text of 2004 WY 19 (Snell v. Johnson County School District No. 1) 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
Snell v. Johnson County School District No. 1, 2004 WY 19, 86 P.3d 248, 2004 Wyo. LEXIS 25, 2004 WL 414640 (Wyo. 2004).

Opinion

KITE, Justice.

[¶1] These cases involve challenges to the use of funds obtained from the sale of bonds to construct school facilities and present questions concerning the effect of our opinions in State v. Campbell County School District, 2001 WY 19, 19 P.3d 518 (Wyo.2001) (Campbell II) and State v. Campbell County School District, 2001 WY 90, 32 P.3d 325 (Wyo.2001) (Campbell III), and the resulting statutory changes on pending school bond issues. The cases were consolidated for purposes of argument and the district court in each case certified two questions to this Court for resolution. While those questions are slightly different in each case, at bottom they ask 1) whether the challengers’ claims are barred as untimely, and 2) whether the bond proceeds can be used to fund certain school facilities. We hold the challengers are not barred from raising issues related to the use of the funds. However, we further hold neither the Campbell II nor Campbell III decisions, nor the revised statutes, which became effective after the bond elections, have any effect upon the school districts’ authority to use the proceeds from the sale of bonds authorized by the elections.

CERTIFIED QUESTIONS:

[¶ 2] Snell v. Johnson County School District No. 1, No. 03-121:

1. Are defendants barred by W.S. § 22-21-107 from initiating in 2003, a contest of the November 6, 2001 bond election in Johnson County?
2. Can Johnson County School District No. 1 use the bond proceeds from a November 6, 2001 bond election to fund local enhancements in a pipeline project?

[¶ 3] Voss v. Washakie County School District No. 1, No. 03-151:

1. Are Petitioner’s claims barred, by initiating in April of 2003, a challenge of the November 7, 2000, bond election in Washakie County, by application of W.S. § 22-21-107; W.S. § 21-13-706(b)(vi); W.S. § 21-13-706(c); by the doctrines of laches, estoppel and waiver or the applicable statute of limitations, or by their failure to join necessary and/or proper parties to the action?
2. Can Washakie County School District No. 1 use the bond proceeds from the November 7, 2000, bond election to fund local enhancements in a “pipeline project”?

FACTS

[¶ 4] From 1995 to the present, the state’s public school finance system has undergone significant change. This Court has addressed problems of inequality in the financing of public schools in three separate opinions, Campbell County School District v. State, 907 P.2d 1238 (Wyo.1995) (Campbell I), Campbell II, and Campbell III. In response to those opinions, the legislature enacted many new statutes and changed the manner in which school operations and construction are funded. This process of change has occurred over the last nine years and is continuing. We think it is safe to say that change will inevitably continue to occur into the future as the legislature and the school districts struggle to develop the most effective and equitable public school finance system possible. These cases demonstrate the problems the school districts face because their work of providing education to the state’s children must go on amid these times of change.

[¶ 5] Historically, school construction was financed entirely through property taxes and the funds available varied widely from county *251 to county as a result of the differing assessed values of property in each county. Twenty-four years ago, this Court held that system violated the state’s constitution and mandated “statewide availability from total state resources for building construction or contribution to school buildings on a parity for all school districts.” Washakie County School District No. 1 v. Herschler, 606 P.2d 310, 337 (Wyo.1980). In Campbell I, we reviewed the legislative changes made in response to the Washakie opinion and found that combination of loans and grants had not adequately addressed the deficient public school facilities identified by the state. We declared that system unconstitutional. Campbell I, 907 P.2d at 1275. In response to that opinion, the Wyoming Department of Education financed a study to score all buildings in each school district based on various categories of capital construction needs. This report, generally identified as Wyoming Department of Education Statewide Schools Facilities Assessment, identified certain schools in immediate need of capital construction. In 1999, the legislature acted to address the constitutional infirmities of the school capital construction statutes and enacted Wyo. Stat. Ann. § 21-15-111 (Lexis 1999), which established a process whereby school districts could receive state funding for capital construction of school facilities. That statute required the districts to certify they had used ninety percent of their bonding capacity authorized by art. 16, § 5 of the Wyoming constitution before being eligible to receive state funding. In Campbell II, we concluded that § 21-15-111 was unconstitutional because it again resulted in wealth-based disparities in school construction financing. Id. at 556-566. As a result of that decision, in 2002 the legislature completely overhauled the statutory scheme for capital construction of public schools and created a statewide program for funding construction of facilities necessary to meet state-determined adequacy standards. Wyo. Stat. Ann. §§ 21-15-101 to 121 (LexisNexis 2002).

[¶ 6] Throughout all of these changes, the local school districts retained constitutional and statutory authority to fund school construction through the issuance of bonds. As part of the 2002 reformation of the state capital construction statutes, the legislature provided for specific new procedures for school districts to follow should they decide to issue bonds for facilities in “excess of the statewide standards for the adequacy of school buildings and facilities.” 1 Wyo. Stat. Ann. § 21-13-701 (LexisNexis 2002). Those procedures included two public hearings at which the district was to explain the need to provide funding for facilities in excess of state standards. The legislature established March 11, 2002, as the effective date of that amended statute. 2002 Sp. Sess., Ch. 51 § 2.

[¶ 7] Throughout this constantly changing landscape of school finance law, individual districts in need of funding for deficient facilities faced the proverbial moving target in terms of the requirements and procedures. Those with pending applications for state funding became known as “pipeline” schools, meaning those in the pipeline for funding, but whose funding had not yet been approved. Johnson County School District No. 1 and Washakie County School District No. 1 (school districts) were such “pipeline” schools.

Johnson County School District No. 1

[¶ 8] The Buffalo high school and the Kayeee middle/high school were both identified in

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Campbell County School District v. State
2008 WY 2 (Wyoming Supreme Court, 2008)
Cathcart v. Meyer
2004 WY 49 (Wyoming Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
2004 WY 19, 86 P.3d 248, 2004 Wyo. LEXIS 25, 2004 WL 414640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snell-v-johnson-county-school-district-no-1-wyo-2004.