Farber Consol. School Dist. No. 1 v. Vandalia S. Dist. No. 2

• Decision Date: 02 February 1926
• Docket Number: No. 19323.,19323.
• Citation: 280 S.W. 69
• Parties: FARBER CONSOL. SCHOOL DIST. NO. 1 v. VANDALIA SCHOOL DIST. NO. 2 et al.
• Court: Missouri Court of Appeals

280 S.W. 69

FARBER CONSOL. SCHOOL DIST. NO. 1 v. VANDALIA SCHOOL DIST. NO. 2 et al.

No. 19323.

St. Louis Court of Appeals. Missouri.

February 2, 1926.

Appeal from Circuit Court, Audrain County; Chas. T. Hays, Special Judge.

"Not to be officially published."

Suit by Farber Consolidated School District No. 1 against Vandalia School District No. 2 and another. Decree for plaintiff, and named defendant appeals. Affirmed.

Fry & Fry, of Mexico, Mo., for appellant. Rodgers & Buffington, of Mexico, Mo., for respondent.

DAUBS, P. J.

This is a suit for injunction, brought by the Farber consolidated school district No. 1, plaintiff below, respondent here, against the Vandalia school district No. 2. There was a similar suit by plaintiff against the Laddonia school district. When these cases were called for trial, it was announced to the court that the petition in both cases were identical, except as to the names of the defendants; the whole controversy being to set aside the action of the board of arbitrators annexing territory by both the Vandalia school district and the Laddonia school district, respectively, from the Farber school district. The court below consolidated the two cases and decided them together, and hence they will be treated as one case here.

The cause was tried in the Audrain county circuit court before lion. Chas. T. Hays, circuit judge, sitting here as special judge. The trial resulted in a decree in favor of plaintiff, by which decree the two defendant school districts were perpetually restrained and enjoined from recognizing, or in any manner acting upon or making, or causing to be made or entered upon the public records of Audrain county, Mo., any act or thing done under and by reason and as the result of the said school election. Technically, the defendant Vandalia school district No. 2 alone has appealed.

The dispute arises about an election to change the boundary lines between the three school districts mentioned, or, as plaintiff insists, it involves the annexation of territory as between these districts.

To describe the boundary lines as existing between the school districts and as sought to be changed is difficult in words, in the absence of the map of the territory. Plaintiff has been a legally organized consolidated school district since 1915, it includes the town of Farber, and comprises, in all, about 33 square miles, and it had an enumerated list of school children largely in excess of 200. Immediately east of, and contiguous to, the Farber district lies the Vandalia school district, which was organized and existing as a town school district, while immediately west of, and contiguous to, the Farber district is located the defendant, the Laddonia school district, also organized and existing as a town school district, all in Audrain county. The eastern boundary line of the Farber district ran for a distance of 6 miles from north to south, and the line between the Farber district and the Vandalia district, where there was a common boundary between them, composed about a mile and a half of the 6-mile boundary. The western line of the Farber district was also 6 miles in length, and the Laddonia district was contiguous to the Farber district on the west for a distance of 2½ miles as a common boundary line with the Farber district 6-mile west line. In the Farber district certain taxpayers, who, it is shown by the evidence, had consistently opposed its becoming or remaining a consolidated school district, made several efforts to disorganize same as a consolidated school district by calling elections for that purpose and which had failed. Prior to the annual school election in April, 1925, these persons in the Farber district, to accomplish the same purpose, sought the conjunction of the neighboring districts, defendants herein, and with their aid took steps which eventuated in the election held in the three districts whereby a very large portion of the territory of the Farber district was to be divided between the Vandalia and the Laddonia districts.

Except as to the description of the land which was to be taken into the joined districts, the petitions for such election were identical. These petitions were presented to each of the school districts, and notices were posted. By these petitions and notices propositions were submitted for changing the boundary lines, and respondent insisted that there were two separate and distinct propositions; one for changing the boundary line, as provided under section 11253 Revised Statutes Missouri, 1919, and another proposition for annexation, under section 11252 a the statute. These propositions, however, were to be voted as one proposition. At the election, held April 7, 1925, the voters in the Farber district voted on proposition No. 4 for detaching territory from the Farber consolidated school district No. 1 and attaching said territory to the Laddonia school district, and on proposition No. 5, for detaching territory from the Farber consolidated school district No. 1 and attaching said territory to "the Vandalia school district. The Vandalia ballot, following the petition and notice, was for the proposition to "change the boundary line between Farber consolidated school district No. 1 and the Vandalia school district and annexation." In the Laddonia school district they voted on the proposition to "change the bundary line between Farber consolidated school district No. 1 and the Laddonia school district, and annexation." The result of the election was that the Farber district voted a majority against the taking away of its territory and dismemberment, and the Vandalia and Laddonia districts voted a majority in favor of the annexation to them.

Before the election, as already stated, it appears that the Farber district had an area and an enumeration of school children of more than 12 square miles of territory and more than 200 children, as is required by section 11258 of the statute for consolidated school districts. It appears, too, from the testimony of the clerk of that district, that the rate of taxes for school purposes was 85 cents per $100, and that the change, if made, would leave the Farber district with a fraction over 6 square miles of territory and 125 children of school age, and would necessitate a prohibitory tax of $2.82 on the $109 valuation. After the election, both of the outlying school districts—Vandalia and Laddonia—appealed to the county superintendent of schools, who, asp provided by law, called together a board of arbitrators to whom the matter was again submitted. It should be said, too, that the boundary lines, as changed, would involve the common boundary of the Farber district of about 7 other adjoining school districts, though they would not be affected in so far as the subtraction or addition of territory was concerned. The board of arbitration heard the matter and decided in favor of the change of the boundaries as voted upon. Thereupon plaintiff brought this suit to enjoin the defendants from carrying into effect the result of the arbitration.

The court below in the decree found that the procedure taken by the proponents of the election was an illegal attempt to accomplish the disorganization of the Farber district, and was contrary to the statutes providing for disorganization. The court found that the petitions, notices, and ballots used in the election were illegal and void, and that therefore the board of arbitration was without...