Green v. Webster County Bd. of Ed., No. 50636
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | THOMPSON |
| Citation | 115 N.W.2d 856,253 Iowa 1198 |
| Parties | Francis GREEN et al., Appellants, v. WEBSTER COUNTY BOARD OF EDUCATION, Appellee, Dayton Community School District, Intervenor-Appellee. |
| Docket Number | No. 50636 |
| Decision Date | 12 June 1962 |
Page 856
v.
WEBSTER COUNTY BOARD OF EDUCATION, Appellee,
Dayton Community School District, Intervenor-Appellee.
[253 Iowa 1199] Rider, Bastian & Beisser, Fort Dodge, for appellants.
Howard D. Hamilton, County Atty. of Webster County, for appellee.
Don N. Kersten, Fort Dodge, for intervenor-appellee.
Page 857
THOMPSON, Justice.
The controversy before us arises from the action of the defendant Webster County Board of Education, hereafter referred to as the board, in annexing a tract of 2 15/16 sections to the intervenor Dayton Community School District. Pursuant to proper proceedings for a school district reorganization under Chapter 275 of the Code of 1958, I.C.A., a hearing on objections to the proposed reorganization was set for January 29, 1960. No objections were filed by the plaintiffs herein or by anyone owning land within the territory now in dispute or having children attending school therein; but objections were filed by landowners residing outside the area.
Thereupon the board eliminated from the proposed reorganization plan a tract containing 2 15/16 sections of land. With this area removed, an election was held on the proposed plan for establishing a new district, to be known as Central Webster Community School District, and it was approved by the voters. There [253 Iowa 1200] is no charge of fraud or bad faith. The case was tried upon a stipulation of facts.
Thereafter, on June 17, 1960, by proper resolution the defendant board annexed the tract which had been removed from the reorganization plan to the adjoining Dayton Community School District. This tract, being less than four sections in area, came within the purview of Sections 275.1 and 275.5 of the code, and no election or approval of the voters was required. The procedure of the board is not challenged.
I. On August 24, 1960, the plaintiffs brought their action in certiorari, alleging that the annexation to the Dayton district was illegal. Two propositions are urged for reversal of the trial court's judgment which annulled the writ of certiorari and dismissed plaintiffs' petition. The first is thus stated: '1. There is sufficient evidence in the Record to establish that the Board of Education did not comply with Section 275.1 of the Iowa Code and by not doing so, the attaching of the disputed land to Dayton was not legal.'
From the argument it appears that plaintiffs are at this point contending that the...
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Meyer v. Campbell, No. 52580
...board as legislative, citing Allely v. Board of Education, 252 Iowa 1142, 110 N.W.2d 410; Green v. Webster County Board of Education, 253 Iowa 1198, 115 N.W.2d 856; and many others. However, a close examination of these decisions will disclose no judicial conclusion as to the 'niche' the co......
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Board of Directors of Independent School Dist. of Waterloo v. Green, No. 52296
...of such bodies, the exercise of that discretion, in good faith, absent fraud, will not be disturbed. Green v. Webster County Bd. of Ed., 253 Iowa 1198, 1201, 115 N.W.2d 856; Clay v. Independent School Dist. of Cedar Falls, 187 Iowa 89, 98, 174 N.W. 47, and citations; Tinker v. Des Moines In......
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Dunker v. Brown County Bd. of Ed., Nos. 10009
...N.W.2d 141; In re Community School District of Malvern, 250 Iowa 1240, 98 N.W.2d 737; Green v. Webster County Board of Education, Iowa, 115 N.W.2d 856. The constitutional separation of powers cannot be done away with by legislative action. Bandy v. Mickelson, 73 S.D. 485, 44 N.W.2d 341, 22 ......
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Davies v. Monona County Bd. of Ed., No. 51701
...We have said that the fixing of boundaries by school corporations is a legislative function. Green v. Webster County Board of Education, 253 Iowa 1198, 1200, 115 N.W.2d 856, 857; Grant v. Norris, 249 Iowa 236, 254, 85 N.W.2d 261, 271, and citations. We have held in these and other cases tha......
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Meyer v. Campbell, No. 52580
...board as legislative, citing Allely v. Board of Education, 252 Iowa 1142, 110 N.W.2d 410; Green v. Webster County Board of Education, 253 Iowa 1198, 115 N.W.2d 856; and many others. However, a close examination of these decisions will disclose no judicial conclusion as to the 'niche' the co......
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Board of Directors of Independent School Dist. of Waterloo v. Green, No. 52296
...of such bodies, the exercise of that discretion, in good faith, absent fraud, will not be disturbed. Green v. Webster County Bd. of Ed., 253 Iowa 1198, 1201, 115 N.W.2d 856; Clay v. Independent School Dist. of Cedar Falls, 187 Iowa 89, 98, 174 N.W. 47, and citations; Tinker v. Des Moines In......
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Dunker v. Brown County Bd. of Ed., Nos. 10009
...N.W.2d 141; In re Community School District of Malvern, 250 Iowa 1240, 98 N.W.2d 737; Green v. Webster County Board of Education, Iowa, 115 N.W.2d 856. The constitutional separation of powers cannot be done away with by legislative action. Bandy v. Mickelson, 73 S.D. 485, 44 N.W.2d 341, 22 ......
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Davies v. Monona County Bd. of Ed., No. 51701
...We have said that the fixing of boundaries by school corporations is a legislative function. Green v. Webster County Board of Education, 253 Iowa 1198, 1200, 115 N.W.2d 856, 857; Grant v. Norris, 249 Iowa 236, 254, 85 N.W.2d 261, 271, and citations. We have held in these and other cases tha......