Cost v. Shinault

• Decision Date: 27 April 1914
• Docket Number: 292
• Citation: 166 S.W. 740,113 Ark. 19
• Parties: COST v. SHINAULT
• Court: Arkansas Supreme Court

166 S.W. 740

113 Ark. 19

COST v. SHINAULT

No. 292

Supreme Court of Arkansas

April 27, 1914

Appeal from Lawrence Chancery Court; George T. Humphries Chancellor; affirmed.

Decree affirmed.

W. A Cunningham, for appellants.

1. School directors have no right to lease a school building for any other than school purposes. Kirby's Digest, § 7643; 35 Cyc. 943; 22 Am. Rep. 268; 32 So. 961; 37 A. 853; 73 P. 509; 69 Ark. 204.

2. Taxpayers may enjoin such lease for other purposes. 69 Ark 204; 73 P. 509; 15 Kan. 259; 22 Am. Rep. 268.

W. E Beloate, for appellees.

1. The directors had the power to make the lease. Kirby's Digest, §§ 7613, 7614; 95 Ark. 26.

2. The contract was good for the district. 69 Ark. 204.

OPINION

SMITH, J.

Appellants were plaintiffs below, and alleged the following facts in their complaint: That they were citizens and taxpayers of School District No. 64 of Lawrence County, Arkansas, and interested in the educational interests of that district, and that appellees, who were defendants below, were school directors of said district, and as such had control of the schoolhouse and grounds, and that school was being taught in the school building, all of which was needed for the accommodation of the children attending school. That the said directors, notwithstanding that fact, are about to lease a part of said building to the Independent Order of Odd Fellows, as a lodge hall, and are about to cause said building to be remodeled without right or authority from the voters of said district, by causing the stairway to be moved and other changes to be made, and that if such changes are made it will entirely unfit the building for the use for which it was originally designed, and will make the same totally unfit for use as a school building.

That the use of said building as a lodge room is entirely inconsistent with its use as a school, and will interfere with the use and enjoyment of the other rooms of the building as school rooms, and will cause great and irreparable injury to the public and interfere with the educational interests of said district.

Plaintiffs prayed that said directors and all other persons be forever enjoined from changing or altering said building in any way, without first submitting the plans thereof to the voters of said district, and that said directors be enjoined from leasing any part of the building to any person, for any purpose whatever, except for the conduct of schools.

The answer denied that the directors were about to make any change in the building, which was detrimental to it, or any contract or lease with reference to the use of the building, which would in any way interfere with the school being taught therein.

There was offered in evidence a contract dated December 27, 1911, made between representatives of the local Odd Fellows Lodge and the directors of the district, under the terms of which for the consideration of $ 50, to be paid on or before October 1, 1912, the directors rented to said lodge the upper part, or second story, of the school building for the use of said lodge, for a term of one year from January 1, 1912, with an option to renew said lease for a period of five years. The school district, however, reserved the right to use the building for school exhibitions and entertainments of its own.

At the annual school election in May, 1912, the directors caused the question of the ratification of this lease to be submitted to the electors voting at that election, and it was ratified by a vote of nineteen for, and one against.

It appears that the revenues of the district had been insufficient to provide the necessary funds for school purposes, and subscription lists had been circulated upon which private contributions were asked for school purposes. The evidence was conflicting as to the interference with the school on account of this lease, and of the damage to the building in adapting it to the uses of the Odd Fellows. But the court found the fact to be that no damage was occasioned to the said school building by reason of the changes made in the building by the Odd Fellows Lodge, and that no interference had resulted, or would result, to the school being...