Common School Dist. No. 86 v. Olathe City School Dist. No. 16
| Decision Date | 09 April 1960 |
| Docket Number | No. 41773,41773 |
| Citation | 186 Kan. 512,351 P.2d 193 |
| Parties | COMMON SCHOOL DISTRICT NO. 86, Appellee, v. OLATHE CITY SCHOOL DISTRICT NO. 16, Appellant. |
| Court | Kansas Supreme Court |
Syllabus by the Court.
1. Under the Kansas Constitution, article 3, section 3, the supreme court has only such appellate jurisdiction as may be provided by law.
2. In a proceeding as provided in G.S.1959 Supp. 72-5316e between two school districts, the report of the commissioners as approved by the district court is final and no right of appeal is provided to the supreme court.
George A. Lowe, Olathe, H. Charles Parrish, Olathe, on the brief, for appellant.
Herbert L. Lodge, Olathe, for appellee.
C. C. Stewart, Olin K. Petefish, and James L. Postma, Lawrence, for Board of Education of the City of Lawrence, District No. 60, amici curiae.
James W. Porter, Topeka, for the Board of Education of the City of Topeka, amicus curiae.
Garner E. Shriver, Wichita, for the Board of Education of the City of Wichita, amicus curiae.
Glenn Jones, Parsons, for the Board of Education of City of Parsons, amicus curiae.
The appellee, Common School District No. 86 began a proceeding against appellant, Olathe City School District No. 16 in the district court under the section of the statute now appearing as G.S.1959 Supp., 72-5316e for the appointment of commissioners to adjust the property rights and claims of the two districts growing out of several annexations of territory from the common school district to the Olathe school district. Prior to the annexations the common school district had issued and sold certain general obligation bonds. The loss of territory by annexation reduced the amount of property upon which the common school district was authorized to levy taxes. The district court appointed commissioners, instructed them as to their duties and approved the report of the commissioners' finding that the Olathe district was indebted to the common school district in a sum which with interest amounted to $16,003.10, and under the statute entered judgment for said amount.
Appellant has attempted appeal from the above judgment to this court. Appellee challenges appellant's right to appeal on several grounds. The parties first brief the question of whether the statute in question provides for an appeal from the judgment of the district court.
The pertinent part of the statute reads as follows:
'The report and determination of the commissioners, if approved by the court or if corrected and approved by the court, shall be final, and upon approving such report, the court shall enter a judgment for the amount found due from one board to the other.' (Italics supplied.)
Under the Constitution of Kansas, article 3, section 3, the appellate jurisdiction of this court is wholly statutory. It is clear that section 72-5316e by its terms...
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Williams v. Board of Ed. of City of Wichita, 259
...district court was final. (Community High School v. Board of Education, 191 Kan. 684, 383 P.2d 976; Common School Dis't No. 86 v. Olathe School Dis't No. 16, 186 Kan. 512, 351 P.2d 193.) Thus, we are confronted with a case of first impression in which the basic issue presented involves the ......
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Community High School Dist. of Labette County v. Board of Ed. of City of Parsons, Dist. No. 33
...filed, and at all times material herein, no provision was made for appeal to the Supreme Court. (Common School Dis't No. 86 v. Olathe City School Dis't No. 16, 186 Kan. 512, 351 P.2d 193, and authorities cited therein.) This was recognized in the former appeal in this case (Community High S......
- Strasser v. Jones
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Community High School Dist. of Labette County v. Board of Ed. of City of Parsons, Dist. No. 33
...shall enter a judgment for the amount found to be due from one board to the other board. As held in Common School Dist. No. 86 v. Olathe City School Dist. No. 16, 186 Kan. 512, 351 P.2d 193, such a judgment of the district court is final and no right of appeal to the supreme court is We do ......