Kay v. Board of Ed. In and For Pottawattamie County, No. 52695

CourtUnited States State Supreme Court of Iowa
Writing for the CourtSNELL
Citation261 Iowa 323,154 N.W.2d 137
PartiesEva KAY and Wilbur Keith Kay, Appellees, v. BOARD OF EDUCATION IN AND FOR POTTAWATTAMIE COUNTY, Appellant.
Docket NumberNo. 52695
Decision Date14 November 1967

Page 137

154 N.W.2d 137
261 Iowa 323
Eva KAY and Wilbur Keith Kay, Appellees,
v.
BOARD OF EDUCATION IN AND FOR POTTAWATTAMIE COUNTY, Appellant.
No. 52695.
Supreme Court of Iowa.
Nov. 14, 1967.

Porter, Heithoff & Pratt, Council Bluffs, for appellant.

Hess, Peters, Sulhoff & Walker, Council Bluffs, for appellees.

SNELL, Justice.

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.

[261 Iowa 324] 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

Page 138

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.

[261 Iowa 325] 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...

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1 practice notes
  • Shelby Community School Dist. v. Halverson, No. 52907
    • United States
    • United States State Supreme Court of Iowa
    • April 9, 1968
    ...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: 'Regardless of the reas......
1 cases
  • Shelby Community School Dist. v. Halverson, No. 52907
    • United States
    • United States State Supreme Court of Iowa
    • April 9, 1968
    ...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: 'Regardless of the reas......

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