De Shaw v. S. Fork Tp. Sch. Dist. of Del. Cnty., No. 45660.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtWENNERSTRUM
PartiesDE SHAW et al. v. SOUTH FORK TP. SCHOOL DIST. OF DELAWARE COUNTY et al.
Decision Date18 November 1941
Docket NumberNo. 45660.

231 Iowa 27
300 N.W. 650

DE SHAW et al.
v.
SOUTH FORK TP.
SCHOOL DIST. OF DELAWARE COUNTY et al.

No. 45660.

Supreme Court of Iowa.

Nov. 18, 1941.


Appeal from District Court, Delaware County; R. W. Hasner, Judge.

Action by plaintiffs for injunction, wherein jurisdictional right of adjacent school boards to change boundaries of their districts by resolutions of the respective boards is questioned. Petition dismissed. Plaintiffs appeal.

Affirmed.

MITCHELL, J., dissenting.

E. A. Johnson, of Cedar Rapids, for appellants.

H. J. Williamson and Yoran & Yoran, all of Manchester, for appellees.


WENNERSTRUM, Justice.

The Board of the Independent School District of Hopkinton, Delaware County, Iowa, and the Board of the South Fork Township School District of Delaware County, Iowa, adopted at about the same time resolutions of a similar nature, the purpose of which was to add a portion of the South Fork Township District to the Independent School District of Hopkinton. Appellants brought an action to have declared the respective acts of the two boards null and void and of no force and effect because it is claimed the school boards were without jurisdiction to make the change in the manner followed. An injunction was asked to enjoin each of the boards from putting into effect the resolutions adopted. Upon submission of the action the court held that the two boards had acted within their legal, statutory authority and that the action which resulted in the adding of a small portion of South Fork Township School District to the Independent School District of Hopkinton was legal and proper. The court dismissed the petition of the plaintiffs and they have appealed.

It is the contention of the appellants that the two boards should have followed the

[300 N.W. 651]

provisions of section 4144.1 of the 1939 Code of Iowa, which is as follows: “4144.1 Additions and extensions-separate vote. Whenever it is proposed to extend the limits of, or add territory to, an existing independent city, town, or consolidated district, the voters residing within the proposed extension or addition and outside the existing independent district, shall vote separately upon the proposition. The proposition must be approved by a majority of the voters voting thereon in each of such territories.”

It is asserted by the appellees that they acted under the authority of Code Section 4133 of the 1935 Code of Iowa, which is as follows: “4133 Boundary lines changed-consolidation. The boundary lines of contiguous school corporations may be changed by the concurrent action of the respective boards of directors at their regular meetings in July, or at special meetings thereafter, called for that purpose. The corporation from which territory is detached shall, after the change, contain not less than four government sections of land, and its boundary lines must conform to the lines of congressional divisions of land. In the same manner, the boundary lines of contiguous school corporations may be so changed that one corporation shall be included in and consolidated with the other as a single corporation.”

The matter in controversy was submitted to the court upon an agreed statement of facts which, in substance, discloses that an election for the purpose of passing upon the change of the boundaries of the respective districts was not called and that the electors of the respective districts did not have an opportunity of voting upon the proposition. It was further stipulated that the territory that the boards sought to change in South Fork Township District was contiguous to the Independent School District of Hopkinton; that the school taxes in the Hopkinton district were higher than in the South Fork district; and that each of the respective boards had acted in good faith and in the belief that they had jurisdiction and legal authority to take the action that they did.

Sections 4144.1 and 4133 of our Code have heretofore received the consideration of this court in the case of Peterson v. Independent School District, 227 Iowa 110, 287 N.W. 275. In that case it is noted that two...

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6 practice notes
  • Indep. Sch. Dist. of Jewell v. Consol. Sch. Dist. of Ellsworth, No. 46131.
    • United States
    • United States State Supreme Court of Iowa
    • December 15, 1942
    ...of Luverne v. Consolidated School District of Vernon Twp., 227 Iowa 707, 288 N.W. 920, and DeShaw v. South Fork Twp. School District, 231 Iowa 27, 300 N.W. 650. It has been the repeated holding of this court that Section 4133 is not exclusive and that the districts named in Section 4144.1 m......
  • Cook v. Consol. Sch. Dist. of Truro in Madison & Warren Cnty., No. 47401.
    • United States
    • United States State Supreme Court of Iowa
    • June 14, 1949
    ...no such city, town or village the court held that the requirements of section 4141 were not met. DeShaw v. South Fork Twp. School Dist., 231 Iowa 27, 300 N.W. 650, involved no consolidated district and the case did not pass upon any question involved herein. The dispute was again between th......
  • Yarn v. City of Des Moines, No. 48154
    • United States
    • United States State Supreme Court of Iowa
    • July 28, 1952
    ...N.W.2d 281, 285, and citations. See also Haubrich v. Johnson, 242 Iowa 1236, 1241, 50 N.W.2d 19, 22; DeShaw v. South Fork Twp. Sch. Dist., 231 Iowa 27, 33, 300 N.W. 650, 652, The rule that repeals by implication are not favored has special application to important public statutes of long st......
  • Silver Lake Consol. Sch. Dist. v. Parker, No. 46988.
    • United States
    • United States State Supreme Court of Iowa
    • October 14, 1947
    ...including what was in the former statute. See State v. Cowen, 231 Iowa 1117, 3 N.W.2d 176;DeShaw v. South Fork Tp. School Dist., 231 Iowa 27, 300 N.W. 650, where it is held that in order to work a repeal by implication of an old law by a new one there must be an absolute repugnancy between ......
  • Request a trial to view additional results
6 cases
  • Indep. Sch. Dist. of Jewell v. Consol. Sch. Dist. of Ellsworth, No. 46131.
    • United States
    • United States State Supreme Court of Iowa
    • December 15, 1942
    ...of Luverne v. Consolidated School District of Vernon Twp., 227 Iowa 707, 288 N.W. 920, and DeShaw v. South Fork Twp. School District, 231 Iowa 27, 300 N.W. 650. It has been the repeated holding of this court that Section 4133 is not exclusive and that the districts named in Section 4144.1 m......
  • Cook v. Consol. Sch. Dist. of Truro in Madison & Warren Cnty., No. 47401.
    • United States
    • United States State Supreme Court of Iowa
    • June 14, 1949
    ...no such city, town or village the court held that the requirements of section 4141 were not met. DeShaw v. South Fork Twp. School Dist., 231 Iowa 27, 300 N.W. 650, involved no consolidated district and the case did not pass upon any question involved herein. The dispute was again between th......
  • Yarn v. City of Des Moines, No. 48154
    • United States
    • United States State Supreme Court of Iowa
    • July 28, 1952
    ...N.W.2d 281, 285, and citations. See also Haubrich v. Johnson, 242 Iowa 1236, 1241, 50 N.W.2d 19, 22; DeShaw v. South Fork Twp. Sch. Dist., 231 Iowa 27, 33, 300 N.W. 650, 652, The rule that repeals by implication are not favored has special application to important public statutes of long st......
  • Silver Lake Consol. Sch. Dist. v. Parker, No. 46988.
    • United States
    • United States State Supreme Court of Iowa
    • October 14, 1947
    ...including what was in the former statute. See State v. Cowen, 231 Iowa 1117, 3 N.W.2d 176;DeShaw v. South Fork Tp. School Dist., 231 Iowa 27, 300 N.W. 650, where it is held that in order to work a repeal by implication of an old law by a new one there must be an absolute repugnancy between ......
  • Request a trial to view additional results

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