Elementary School Dists. 2, 3, and 10, of Campbell County v. District Boundary Bd. of Campbell County

Decision Date09 May 1969
Docket NumberNo. 3742,3742
PartiesELEMENTARY SCHOOL DISTRICTS 2, 3, AND 10, OF CAMPBELL COUNTY, Wyoming, et al., Appellants (Plaintiffs below), v. The DISTRICT BOUNDARY BOARD OF CAMPBELL COUNTY, consisting of Eric J. Ohman, Nelle Cook, William Fitch, Lynn Tarver and Elvera Kee, Appellees (Defendants below).
CourtWyoming Supreme Court

Robert R. Rose, Jr., Casper, for appellants.

Wade Brorby, Gillette, for appellees.

Before GRAY, C. J., and McINTYRE, PARKER, and McEWAN, JJ.

Mr. Chief Justice GRAY delivered the opinion of the court.

Early in the year 1966 all of the territory embraced within Campbell County, Wyoming, was included in previously organized School Districts Nos. 1 through 12, which are commonly known as 'elementary school districts,' with grades 1 through 8. Superimposed on the elementary districts was a high school district organized under express statutory provisions relating to such districts, §§ 21-172 through 21-210, W.S.1957, as amended. 1 At that time the reorganization committee of the county, pursuant to the provisions of §§ 21-224 through 21-241, W.S.1957, which prescribed a comprehensive plan for the reorganization of school districts within the state, initiated a reorganization proceeding whereby it was proposed that all of the existing school districts in the county be abolished and the territory embraced therein organized into a so-called 'Campbell County Unified School District' with grades 1 through 12. For reasons not here involved, this undertaking was nullified by this court in School Districts Nos. 2, 3, 6, 9 and 10, in County of Campbell v. Cook, Wyo., 424 P.2d 751. However, soon after the decision was rendered School District No. 1, pursuant to §§ 21-211 through 21-223, W.S.1957, as amended, commenced a proceeding before the district boundary board of the county seeking to accomplish the same result; and such board, after notice and hearing, entered an order consolidating all of the school districts above described into 'one single unified district.' Thereafter the plaintiffs filed their petition for review in the District Court of Campbell County, Wyoming, and the district court, after examination of the record made of the proceedings before the boundary board and after argument of counsel, entered judgment affirming the order of the boundary board in all respects. This appeal followed.

The principal claim of error advanced by plaintiffs appears to be their general challenge to the power of the boundary board to enter such an order in the exercise of its authority as prescribed by Ch. 111, S.L. of Wyoming, 1961 (§ 21-211, W.S.1957, 1967 Cum.Supp.). As we understand the argument it is conceded that a district boundary board may alter boundaries of a high school district as a separate entity or consolidate it with another high school district and may do the same with elementary districts as separate entities, but is without authority to commingle both types of entities in such a manner as to create a new school district with grades 1 through 12 out of their joint territory with the result that all of the previously organized elementary districts within the county and the high school district are abolished and dissolved.

The pertinent provisions of the above-mentioned statute read as follows:

'* * * Said board by a majority vote may divide the county into school districts, may alter and change the boundaries of any school district, including high school districts, if the boards of trustees of such high school districts consent, and may at any time consolidate any such districts or portion of districts, when, in the opinion of such board such changes, alterations or consolidations may be justified by existing circumstances and conditions and where high school districts are involved where the boards of such high school districts consent; * * *' Certain supplemental facets underlie the general argument, the first contention being that this could only be done through the general reorganization provisions to which reference has been made. While it is true that it could have been done under the more comprehensive statute, it does not follow that a boundary board could not accomplish the same result, providing, of course, that such power was conferred upon it by the foregoing section. See Doyle v. Schroeder, 76 Wyo. 178, 301 P.2d 379.

Also involved is the power of the board, aside from the high school district, to consolidate and in effect abolish all of the elementary districts of the county into a new district. We have not, of course, considered the precise point in previous cases. Nevertheless it is apparent from our decisions prior to the amendment of 1961 that the language of the statute empowering the board to 'consolidate entire districts'-which was not materially changed in 1961-meant what it said and the authority so conferred was not limited in the number of districts that might, under proper circumstances, be consolidated. With respect to the creation of a new district by consolidating two or more districts, the attorney general of this state, under date of October 31, 1946, Report and Official Opinions of Attorney General, 1941-1947, p. 874, and which was reaffirmed on December 31, 1957, Official Opinions, Attorneys General of Wyoming, 1957-1960, p. 195, ruled that a new district was created by the consolidation of entire districts, with the result that the districts so consolidated were abolished. We agree. The ruling was in keeping with the generally recognized rule that upon consolidation the component districts lose their separate entity, 78 C.J.S. Schools and School Districts § 57e, p. 784, and the power to create a new district implies the power to abolish the old districts in order to accomplish such purpose. 78 C.J.S. Schools and School Districts § 59, p. 788. Of added persuasiveness is the fact that the legislature, subsequent to the rulings of the attorneys general, made no changes in the law with respect thereto, and as was said in School Districts Nos. 2, 3, 6, 9, and 10, in County of Campbell v. Cook, Wyo., 424 P.2d 751, 756, this was a matter 'worthy of careful consideration in an inquiry into the intention of that body.'

It having been conceded that the boundary board was empowered to alter the boundaries of high school districts or to consolidate such districts, we are brought then to that phase of the plaintiffs' argument relating to the board's authority to consolidate the separate entities here involved. While the statute is somewhat ambiguous, we find no merit in the novel contention that the board is without authority to commingle high school and elementary districts.

The authority of district boundary boards to consolidate school districts within their counties came into the law in the year 1926. Thereafter, and until the 1961 amendment, the pertinent language of § 21-211, after reciting that such boards were charged with the duty of 'laying off their county into convenient school districts'...

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  • Board of Trustees, Laramie County School Dist. No. 1 v. Spiegel
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    • Wyoming Supreme Court
    • April 22, 1976
    ...of § 9-276.29, W.S.1957, 1967 Cum.Supp (now 1975 Cum.Supp.), we said, in Elementary School Districts 2, 3, & 10 v. District Boundary Board, Wyo., 454 P.2d 237, 241, that it was the plaintiff's burden to establish any impropriety on the part of any member of the administrative board. The Pra......
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    ...it unless a contrary legislative intent is evidenced. Elementary School Districts 2, 3, and 10 of Campbell County v. District Boundary Board of Campbell County, Wyo., 454 P.2d 237 (1969); In re Tidball, 40 F.2d 560 (D.C.Wyo.1930). Inasmuch as the last antecedent to "such" child in § 8 of th......
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    ...clearly prohibits an allocation of assets and debts. In Elementary School Districts 2, 3 and 10, of Campbell County v. District Boundary Board (Campbell County), Wyo., 454 P.2d 237, 240, it was contended Art. 16, § 4, of the Wyoming Constitution prohibited debt spreading similar to that inv......
  • Board of Trustees of School Dist. No. 3, Natrona County v. District Boundary Bd. of Natrona County
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    • October 7, 1971
    ...regard is final and irreversible. We very definitely held in Elementary School Districts 2, 3, and 10 v. District Boundary Board of Campbell County, Wyo., 454 P.2d 237 (May 9, 1969), that a county school boundary board had authority to consolidate all school districts of a county into a new......
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