Bohrofen v. Dallas Center Independent School Dist., 47881

• Decision Date: 16 October 1951
• Docket Number: No. 47881,47881
• Citation: Bohrofen v. Dallas Center Independent School Dist., 242 Iowa 1070, 49 N.W.2d 514 (Iowa 1951)
• Parties: BOHROFEN et al. v. DALLAS CENTER INDEPENDENT SCHOOL DIST. et al.
• Court: Iowa Supreme Court

Page 514

49 N.W.2d 514

242 Iowa 1070

BOHROFEN et al. v. DALLAS CENTER INDEPENDENT SCHOOL DIST. et al.

No. 47881.

Supreme Court of Iowa.

Oct. 16, 1951.

George J. Dugan, Perry, for defendants-appellants.

B. J. Powers, Des Moines, for plaintiffs-appellants.

George H. Sackett, Perry, and Guy H. Hall, Dallas Center, for defendants-appellees.

WENNERSTRUM, Justice.

This appeal has developed by reason of an action for a declaratory judgment wherein the determination of the validity of the enlargement of a school district by consolidation as the result of an election is sought. Certain territory is claimed by two independent school districts. The Dallas Center Independent School District claimed the territory by reason of a petition for an election as provided by law and a subsequent election wherein there was an affirmative vote of the electors which authorized the incorporation of the disputed territory into the Dallas Center Independent School District. There was separate balloting within the Dallas Center district and in the territory sought to be added to that district, Sec. 274.24, 1946 Code, I.C.A. The vote was favorable in both voting districts. The Granger Independent School District claimed it was entitled to the territory which is involved in this appeal by reason of concurrent resolutions passed by that board and the Grant Township Sub-School District. The trial court held that the territory in dispute became a part of and belonged to the Dallas Center Independent School District by reason of the election. The plaintiffs, who are residents of the area involved in this appeal, as well as the Independent School District of Granger, acting through its school board, have appealed.

The facts involved in this appeal are not in dispute and will be hereafter set out in detail. The appeal involves the manner in which two sections of the code were made use of in connection with the disputed territory.

Section 274.16, 1946 Code, I.C.A., is as follows: 'Boundary lines changed--consolidation

'The boundary lines of contiguous school corporations may be changed by the concurrent action of the respective boards of directors at their regular meetings in July, or at special meetings thereafter, called for that purpose. The corporation from which territory is detached shall, after the change, contain not less than four government sections of land, and its boundary lines must conform to the lines of congressional divisions of land. In the same manner, the boundary lines of contiguous school corporations may be so changed that one corporation shall be included in and consolidated with the other as a single corporation.'

Section 274.23, 1946 Code, I.C.A., is as follows: 'Formation of independent district

'Upon the written petition of any ten voters of a city, town, or village of over one hundred residents, to the board of the school corporation in which the portion of the city or town having the largest number of voters is situated, such board shall establish the boundaries of a proposed independent district, including therein all of the city, town, or village, and also such contiguous territory as is authorized by a written petition of a majority of the resident electors of the contiguous territory proposed to be included in said district, in subdivisions not smaller than the smallest tract as made by the government survey in the same or any adjoining school corporations, as may best subserve the convenience of the people for school purposes, and shall give the same notices of an election as required in other cases.'

Prior to April 1, 1947 a petition was circulated in the Dallas Center Independent School District for the purpose of extending the limits of the territory of that district. The territory which composed the extended district included the Grant Township Sub-School District and also other territory which is not involved in this appeal. A petition was also circulated in the territory outside of the Independent School District of Dallas Center and in the area which was proposed to be included in the enlarged Dallas Center District.

The respective petitions were filed with the Dallas Center Independent School District which called for an election to be held on April 12, 1947 to pass upon the question pertaining to the enlarging of the district.

The school board of the Grant Township Sub-School District met on April 7, 1947, at which time it considered what action should be taken with reference to the disposition of the school houses in that district. On April 8, 1947, the board held another meeting. At this meeting there was passed a resolution which incorporated the territory of the Grant Township Sub-School District into the territory of the Granger Independent School District. On that same day the board of this last referred to district passed a similar resolution taking into its territory the land which comprised the Grant Township Sub-School District. On April 12, 1947, the voters within the territory of the Dallas Center Independent School District voted favorably to the extension of their district. On this same date the voters in the territory sought to be included in the enlarged district also voted favorably to this extension. There is no evidence in the record relative to how the voters in the Grant Township Sub-School District voted, as there was no separate ballot for that particular district. However, it is stated in...