Owendale-Gagetown School Dist. v. State Bd. of Ed., OWENDALE-GAGETOWN
| Decision Date | 01 October 1979 |
| Docket Number | Docket No. 43960,OWENDALE-GAGETOWN |
| Parties | SCHOOL DISTRICT, Plaintiff-Appellee, and Ronald Erickson, Ronald Good, Jack Laurie, Ronald Reinhardt, Jack Brinkman, Joseph Warrack, Donald Cummins and Leonna LaFave, Added Plaintiffs-Appellees, v. STATE BOARD OF EDUCATION, Defendant-Appellant, and Keith J. Goslin et al., Intervening Defendants-Appellees. |
| Court | Court of Appeal of Michigan — District of US |
Frank J. Kelley, Atty. Gen., Gerald F. Young, Asst. Atty. Gen., for defendant-appellant.
James F. Schouman, Dearborn, for Owendale-Gagetown School Dist.
Robert E. Kleeb, Howell, for Goslin.
Before J. H. GILLIS, P. J., and R. B. BURNS and KAUFMAN, JJ.
This case involves the transfer of property between two school districts on the petition of resident landowners. The State Board of Education appeals as of right from a February 16, 1979, order of the Ingham County Circuit Court reversing a May 19, 1976, order of the Board which had approved the transfer of certain property in the Owendale-Gagetown School District to the Cass City School District.
Early in 1975, the intervening defendants, residents of the Owendale-Gagetown School District, petitioned the Huron and Tuscola Intermediate Boards of Education pursuant to the School Code of 1955, M.C.L. § 340.1 Et seq.; M.S.A. § 15.3001 Et seq., 1 seeking to have their property transferred to the Cass City School District. The petition was denied by the intermediate boards on May 11, 1975. The State Board reversed that denial and approved the transfer in an order dated May 19, 1976.
On June 18, 1976, the plaintiff commenced suit against the State Board in Ingham County Circuit Court alleging, inter alia, that the property transfer was in violation of M.C.L. § 340.461; M.S.A. § 15.3461, presently M.C.L. § 380.951; M.S.A. § 15.4951. The school district charged that the petitioner's property, when combined with other property already transferred out of the district, exceeded ten percent of the latest available taxable valuation of the district. It was argued that a vote of the people was required to effectuate the transfer in question pursuant to the above statute.
In an opinion dated August 2, 1976, the Ingham Circuit Court reversed the State Board's order, holding that the ten percent requirement is cumulative; that is, the value of all property previously transferred out of the district as well as that sought to be transferred must be considered. If that sum exceeds ten percent of the latest assessed valuation of the entire school district a popular vote is required to properly effect the transfer.
The State Board appealed that decision as of right. In an unpublished per curiam opinion, this Court reversed the lower court on the limited ground that the school district lacked standing to raise the question of whether its residents were entitled to vote on the property transfer in question. Owendale-Gagetown School District v. State Board of Education (Docket No. 29768, decided August 15, 1977 (unreported)). The Court did not decide the propriety of the circuit court's ruling.
Plaintiff sought leave to appeal to the Supreme Court, which was denied. 401 Mich. 818 (1977). Plaintiff thereafter moved for rehearing, which was treated as a motion for reconsideration. The motion was denied. 402 Mich. 841 (1977). The order denying the motion addressed the issue left undecided by this Court:
On March 21, 1978, plaintiff school district petitioned the United States Supreme Court for a writ of certiorari. The petition was denied on May 15, 1978. 436 U.S. 906, 98 S.Ct. 2237, 56 L.Ed.2d 404 (1978).
On October 11, 1978, the circuit court granted a motion by the district to add several electors of the district as parties plaintiff. On February 6, 1978, the trial court granted a motion by Keith Goslin and others to intervene as parties defendant. On October 11, 1978, the court issued an opinion, but never entered an order, that the cause should be remanded to the State Board of Education for further proceedings consistent with its 1976 opinion.
On January 11, 1979, the State Board of Education moved to vacate the trial court's opinion of October 11, 1978, and to vacate stays of judicial proceedings and stays of property transfers.
On February 14, 1979, the trial court issued its opinion acting on defendant-appellant's motion to quash its earlier opinion of October 11, 1978. In this last opinion the court incorporated its two previous opinions of August 2, 1976, and October 11, 1978, and, in effect, held that the Keith Goslin, et al., parcels of land remained in Owendale-Gagetown School District. On February 16, 1979, an order was entered in conformance with this latter opinion.
M.C.L. § 340.461; M.S.A. § 15.3461 provides:
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Owendale-Gagetown School Dist. v. State Bd. of Ed.
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