Kay v. Board of Ed. In and For Pottawattamie County
| Decision Date | 14 November 1967 |
| Docket Number | No. 52695,52695 |
| Citation | 261 Iowa 323,154 N.W.2d 137 |
| Parties | Eva KAY and Wilbur Keith Kay, Appellees, v. BOARD OF EDUCATION IN AND FOR POTTAWATTAMIE COUNTY, Appellant. |
| Court | Iowa Supreme Court |
Porter, Heithoff & Pratt, Council Bluffs, for appellant.
Hess, Peters, Sulhoff & Walker, Council Bluffs, for appellees.
Defendant, Board of Education of Pottawattamie County, has appealed from the Judgment and Decree of the District Court directing the County Superintendent of Schools to withdraw certification to the county auditor attaching plaintiffs' land to the York Township School District.
Plaintiffs are resident taxpayers of Pottawattamie County and own land in James Township. Defendant is the County Board of Education of Pottawattamie County.
On June 1, 1964 plaintiffs' land was part of a remnant school district of less than 4 government sections in James Township. This area had never been included in any school reorganization.
On June 1, 1964 defendant County Board of Education by administrative decision attached plaintiffs' land and the other lands to the York Township School District, said attachment to become effective July 1, 1964. York Township School District is not a part of any reorganized school district and does not maintain a twelve grade school.
Plaintiffs' land is immediately adjacent to Oakland Community School District on the east. Oakland district does maintain a 12 grade school.
On June 26, 1964, plaintiffs filed a Petition for Injunction alleging the attachment violated the provision of section 275.1, Code of Iowa (1962), and asked the court to decree the acts of defendant to be illegal, null and void and contrary to chapter 275, Code of Iowa, 1962.
A trial was held, and on August 29, 1964, the trial court ruled that the actions of defendant in attaching plaintiffs' land to 'York Township School District to become effective July 1, 1964, is illegal, null and void, and contrary to Chapter 275, Code of Iowa, 1962.' The trial court further enjoined defendant from attaching plaintiffs' James Township land to York Township School District.
On June 2, 1964, prior to the date of filing plaintiffs' petition, defendant had filed a certification with the county auditor attaching plaintiffs' James Township land to York Township School District. This certification was never withdrawn.
Defendant appealed from the court's decree, but on June 8, 1965, the appeal was dismissed with consent of both parties.
Counsel stated in oral argument that the reason for dismissal of the appeal was the discouraging effect of the amendment to section 275.1, Code of Iowa, by the Sixty-First General Assembly. Regardless of the reason for the dismissal of the appeal the district court's order was a final order.
Defendant has never paid any attention whatsoever to the court's ruling of August 29, 1964.
On September 26, 1966, plaintiffs filed an application for an order citing defendant in contempt of court for failure to abide by the court's decree of August 29, 1964. A hearing was held on the contempt charges and on December 19, 1966, the court entered an order which 'enlarged and corrected' the decree of August 29, 1964, by commanding the Pottawattamie County Superintendent of Schools to withdraw the certification from the Pottawattamie County Auditor's records which attached plaintiffs' land to the York Township School District.
The order of December 19, 1966 included the following:
'It appears from the evidence that the certification to the Pottawattamie County Auditor by the Pottawattamie County Superintendent of Schools attaching the plaintiffs' land to the York Township School District was prior to the entry of the Order of Court in this case on August 29, 1964. Therefore, the Order entered in this cause was somewhat vague as to a direction to the Defendant to remove from the County Auditor's records their certification attaching Plaintiffs' land to the York Township School District. By virtue thereof, this Court is not of the opinion that the Defendant should be punished for Contempt of Court, but at the same time, this Court intends to have its Orders and directives followed and therefore, the Court on its own motion will enlarge and correct its Order of August 29, 1964, so as to eliminate any uncertainty as to the responsibility of the Defendant.
'IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the Findings of Fact, Conclusions of Law, and Decree of this Court in the above-entitled cause dated August 29, 1964, shall be and the same is hereby enlarged and corrected by adding thereto the following:
"IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the defendant shall immediately cause the Pottawattamie County Superintendent of Schools to withdraw the certification from the Pottawattamie County Auditor's records which attaches the Plaintiffs' land to the York Township School District, and that said withdrawal shall be accomplished prior to January 1, 1967."
On December 28, 1966 defendant filed notice of appeal. By this notice defendant appealed from the final judgment of December 19, 1966 and...
To continue reading
Request your trial
-
Shelby Community School Dist. v. Halverson
...it to cause the above certification to be withdrawn immediately. Upon the board's appeal from this order we affirmed it. Kay v. Board of Education, Iowa, 154 N.W.2d 137. Referring to our dismissal of the board's appeal from the original decree of August 29, 1964, our opinion states: 'Regard......