Hubka v. County Bd of Ed. of Mitchell County

• Decision Date: 05 April 1960
• Docket Number: No. 49799,49799
• Citation: 251 Iowa 659,102 N.W.2d 167
• Parties: Frank HUBKA et al., Appellees, v. COUNTY BOARD OF EDUCATION OF MITCHELL COUNTY, Iowa, et al., Defendants, County Board of Education of Mitchell County, Iowa, et al., Appellants.
• Court: Iowa Supreme Court

Page 167

102 N.W.2d 167

251 Iowa 659

Frank HUBKA et al., Appellees, v. COUNTY BOARD OF EDUCATION OF MITCHELL COUNTY, Iowa, et al., Defendants County Board of Education of Mitchell County, Iowa, et al., Appellants.

No. 49799.

Supreme Court of Iowa.

April 5, 1960.

Elwood, Anderson & Elwood, Cresco, for appellants.

Donohue, Wilkins & Donohue, New Hampton, for appellees.

HAYS, Justice.

As authorized by Section 275.12, Code 1958, I.C.A. (all Statutory references are to the Code of 1958 unless otherwise stated), a petition seeking organization of the Riceville Community School District and asking for a modification of the existing tentative joint county plans was filed with the County Superintendent of Schools of Howard County, Iowa. As provided by Section 275.16, the proposed organization embracing territory in Howard and Mitchell Counties, the County Boards of Education of said counties met as a single board on March 31, 1958, and approved the organization as petitioned for, subject to minor changes not important here. It also amended or modified the tentative county plans to conform therewith. A special election under Section 275.18 was called for May 26, 1958. On May 21, 1958 upon the petition of certain individuals, residing within the proposed new district a writ of certiorari was issued and all further proceedings in the matter were temporarily enjoined. Named as defendants therein were County Board of Education of Mitchell County; Ira E. Larson, Sec'y and Exec. officer of said Board, and as County Superintendent of Schools of Mitchell County; County Board of Education of Howard County; Abner A. Hendrickson, Sec'y and Executive officer of said Board and as County Superintendent of Schools of Howard County. On January 30, 1959, the trial court sustained the writ and permanently enjoined each County Board and each County Superintendent from proceeding further in said matter. Thereafter the Mitchell County Board and Ira E. Larson, County Superintendent of Mitchell County gave notice of appeal to this court.

I. At the outset we will consider appellees motion to dismiss the appeal which was filed and argued before this court but ordered to be submitted with the main case. The basis of the motion is that since the two boards acted as a single board, one of the two boards standing alone lacks capacity to appeal. The record shows that a resolution before the joint boards, acting as a single board, that an appeal be taken was defeated. It is conceded that if this was an appeal under Section 275.16, such board had status to appeal under Section 275.8. While this proceedings, being in certiorari, is not governed by Section 275.8, it shows that the legislature in matters arising under said chapter, deemed a single county board, though acting as part of a joint board, to have an appealable interest. Under Chapter 662, Rule 318, R.C.P., 58 I.C.A. an appeal to this court lies from a judgment of the district court in a certiorari proceeding. Under Section 686.4, failure of a codefendant to join in an appeal will not prevent the appeal. As we said in Wall v. County Board of Education, 249 Iowa 209, 215, 86 N.W.2d 231, a complete answer to appellees' contention is the fact that in this proceeding to declare all action of the joint board illegal, the appellants were defendants and as such defendants served notice of appeal upon plaintiffs, appellees. See also, Garberson v. Garberson (Welch v. Garberson), 241 Iowa 713, 42 N.W.2d 391. The motion to dismiss is overruled.

II. The basic issue on this appeal involves the amendment of tentative county plans.

The record shows that after extensive study and planning by the boards of Mitchell and Howard Counties, tentative plans were adopted on December 7, 1957. We think the record shows, and we find nothing in the briefs and arguments to the contrary, that on that date there had been full compliance with Sections 275.1 to 275.5 and 275.8 and 275.9, inclusive. Following the adoption of the tentative plans in December, numerous meetings, 25 to 30 in number, were held in the area surrounding the Riceville School District. In attendance at many of them were the County Superintendents of Mitchell and Howard Counties, as were also some of the members of the County Boards. As a result of these meetings, a petition was filed with the Howard County Superintendent on March 18, 1958, asking for a change of the tentative county plans and the establishment of the Riceville Community School District, which embraced land in both Mitchell and Howard Counties. After due notice and as provided in Section 275.16, the joint boards acting as a single board met on March 31, 1958, to hear objections and rule upon the petition. At that meeting, which lasted until about 2:30 A.M. of April 1, 1958, the joint boards as a single board changed the tentative county plans and established the boundaries of said proposed district, substantially as petitioned for. On April 1, 1958, these two boards met with the boards of Floyd, Chickasaw and Winneshiek Counties, which bordered the proposed district, and full approval was given to the action of the Mitchell and...