In re Detachment of Territory from Consol. Sch. Dist. No. 77
| Decision Date | 11 July 1939 |
| Docket Number | Case Number: 29040 |
| Citation | 185 Okla. 468,1939 OK 298,94 P.2d 220 |
| Parties | In re DETACHMENT OF TERRITORY FROM CONSOLIDATED SCHOOL DISTRICT NO. 77, CARTER COUNTY |
| Court | Oklahoma Supreme Court |
¶0 1. SCHOOLS AND SCHOOL DISTRICTS--Detachment of Territory From Consolidated District--Requisite Number of Signers to Petition.
Before a portion of a consolidated school district may be detached to form another or new school district it is essential that the petition for such boundary change be signed by at least one-third of the qualified electors of the consolidated school district.
2. SAME--APPEAL TO COUNTY COURT--Burden on Petitioners to Show Sufficiency of Petitioning Electors.
In such case, upon trial in the county court on appeal, when such change in boundaries is resisted by the consolidated school district, which has by answer specifically denied the sufficiency of the petition as to number of signers, the burden is on the petitioners to show that the total number of the qualified electors of the consolidated school district is not more than three times the number of petitioning electors.
3. SAME--APPEAL AND ERROR--Insufficiency Of Evidence to Support Finding of Sufficient Signatures.
In such case, a finding by the county court that the petitioning electors equalled or exceeded one-third of the qualified electors of the district will be reversed on appeal, when such finding is against the clear weight of the evidence.
Appeal from County Court, Carter County; Clyde F. Ross, Judge.
From a judgment of the county court, reversing order of the County Superintendent of Public Instruction, and granting petition to detach territory from Consolidated School District No. 77, Carter County, to form another or a new school district, the consolidated school district appeals. Reversed and remanded, with directions.
Marvin Shilling and Dolman, Dyer & Dolman, for plaintiff in error.
Stephen A. George, for defendants in error.
¶1 The essential facts are that certain petitioning citizens of consolidated school district No. 77, Carter county, Okla., desired to have certain territory detached from the consolidated school district to be formed into another or a new school district. They filed a petition for such change with the county superintendent, and the change was resisted by the consolidated school district. Upon hearing, the county superintendent denied the petition, finding, among other things, the stated number of petitioning citizens and total number of qualified electors of the district, showing that the latter number was more than three times the number of petitioning citizens. Upon appeal the matter was tried de novo in the county court, the consolidated school district having filed answer specifically denying the sufficiency of the petition as to number of petitioning citizens. The county court upon trial granted the petition, and it is from that judgment that this appeal is prosecuted.
¶2 It appears to be conceded by the parties that it was an essential prerequisite that this petition be signed by at least one-third of the qualified electors of the consolidated school district as required by section 6771, O. S. 1931, 70 Okla. St. Ann. 1 31. This court has held that such signing in such number is necessary to give the county superintendent power or jurisdiction to make such change in...
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