Sheridan Rural Independent No. 5 School Dist. v. Guernsey Consol. School Dist. in Poweshiek County

• Decision Date: 12 January 1960
• Docket Number: No. 49839,49839
• Citation: 100 N.W.2d 418,251 Iowa 460
• Parties: SHERIDAN RURAL INDEPENDENT NO. 5 SCHOOL DISTRICT, and the Board of Directors thereof, et al., Denominated as Appellants in the trial court, v. GUERNSEY CONSOLIDATED SCHOOL DISTRICT IN POWESHIEK COUNTY, Iowa, et al., Denominated as Appellees in the trial court. COUNTY BOARD OF EDUCATION IN AND FOR IOWA COUNTY, Iowa, Plaintiff-Appellee, v. STATE DEPARTMENT OF PUBLIC INSTRUCTION of the State of Iowa, et al., Defendants-Appellants. COUNTY BOARD OF EDUCATION IN AND FOR POWESHIEK COUNTY, Iowa, Plaintiff-Appellee, v. STATE DEPARTMENT OF PUBLIC INSTRUCTION of the State of Iowa, et al., Defendants-Appellants. Edward BAITINGER et al., Plaintiffs-Appellees, v. BOARD OF EDUCATION OF POWESHIEK COUNTY, Iowa, et al., Defendants-Appellants.
• Court: Iowa Supreme Court

Page 418

100 N.W.2d 418

251 Iowa 460

SHERIDAN RURAL INDEPENDENT NO. 5 SCHOOL DISTRICT, and the Board of Directors thereof, et al., Denominated as Appellants in the trial court, v. GUERNSEY CONSOLIDATED SCHOOL DISTRICT IN POWESHIEK COUNTY, Iowa, et al., Denominated as Appellees in the trial court.

COUNTY BOARD OF EDUCATION IN AND FOR IOWA COUNTY, Iowa, Plaintiff-Appellee, v. STATE DEPARTMENT OF PUBLIC INSTRUCTION of the State of Iowa, et al., Defendants-Appellants.

COUNTY BOARD OF EDUCATION IN AND FOR POWESHIEK COUNTY, Iowa, Plaintiff-Appellee, v. STATE DEPARTMENT OF PUBLIC INSTRUCTION of the State of Iowa, et al., Defendants-Appellants.

Edward BAITINGER et al., Plaintiffs-Appellees, v. BOARD OF EDUCATION OF POWESHIEK COUNTY, Iowa, et al., Defendants-Appellants.

No. 49839.

Supreme Court of Iowa.

Jan. 12, 1960.

As Clarified on Denial of Rehearing Feb. 11, 1960.

Boardman, Cartwright & Druker, Marshalltown, for appellants.

Ennis McCall, Newton, Tomasek & Vogel, Grinnell, Orville W. Bloethe, Victor, for appellees.

HAYS, Justice.

Three appeals and a proceeding in certiorari, all involving a decision of the State Board of Education, relative to the proposed reorganization of the Brooklyn-Guernsey-Malcom Community School District under Chapter 275, Code 1958, I.C.A., were consolidated for trial in the lower court, and likewise on this appeal. All facts are stipulated.

On January 21, 1958, petitions for the reorganization of the Grinnell-Newburg Community School District, hereafter called the Grinnell District, were filed with the County Superintendent of Schools for Poweshiek County, Iowa. They embraced land in Poweshiek and Jasper Counties. Notice was given and hearings had before the Joint Board. On March 3rd the proposed reorganization was approved and the boundaries fixed. In so doing, nine sections, or parts thereof, included in the petitions and which were scattered intermittently along the proposed west boundary, were excluded by the Board. This action was approved on appeal by the State Board of Public Instruction and no further appeal was taken. Following an election, and the selection of Directors, the said District came into being on July 1, 1958. No question as to the validity of this District is involved.

On January 31 and February 1, 1958, petitions for the reorganization of the Brooklyn-Guernsey-Malcom District, hereafter called the Brooklyn District, were filed with the County Superintendent of Schools of Poweshiek County, Iowa. They embraced land in Iowa and Poweshiek Counties. Notice was given and hearings were commenced before the Joint Board on March 6th. It appeared that the proposed boundaries of the said District included 24 sections of land that were included in the then pending Grinnell reorganization, and on account of which the jurisdiction of the Board was questioned by objectors. The hearing was recessed for 30 days and reconvened on April 3rd. At this hearing John E. Talbott, an attorney, representing the petitioners, filed a formal withdrawal of the overlapping territory, the 24 sections, and asked that they be not considered by the Board. The withdrawal was approved by the Board and on April 4th, the proposed reorganization of said District was approved and the boundaries fixed. As fixed they were as contained in the petitions as amended by the withdrawal, and excluded from the District the nine sections, or parts thereof, that had been excluded by the Joint Board hearing the Grinnell proceedings.

On appeal to the State Board of Public Instruction, the jurisdiction of the Joint Board was upheld, and in addition to approving its action, the nine sections which had been excluded by it were added to the Brooklyn District. On the three appeals, and the certiorari action, as above stated, the trial court held that, due to the overlapping of territory with the Grinnell District in the original petitions filed, the Joint Board did not have jurisdiction to take action upon the petitions and dismissed the same. While other propositions were submitted to the court, it held them to be moot in view of its finding as to jurisdiction. The trial court based its decision entirely upon the case of State ex rel. Harberts v. Klemme Community School District, 247 Iowa 48, 72 N.W.2d 512, hereafter called the Klemme case. This appeal followed.

In the Klemme case, petitions to form the Belmond School District were filed with the County Superintendent of Schools of Hancock County, and combraced land in Hancock and Wright Counties including land in the Goodell School District. Shortly thereafter, petitions were filed with the same County Superintendent for the reorganization of the Klemme District. It included land only in Hancock County but embraced the same land in the Goodell District as was included in the then pending Belmond District. Thereafter, the respective Boards approved the proposed reorganizations and fixed the boundaries as were set forth in the respective petitions. An election and selection of directors for each district followed. In a quo warranto proceedings questioning the validity of the Klemme organization, we reversed the trial court and held 'that until the priorpending reorganization of the Belmond District was completed or abandoned, the Hancock County Board of Education could acquire no jurisdiction of the territory included in the Belmond petition. Its attempt to so do has resulted in a jurisdictional defect in the Klemme proceedings fatal to its legal existence and voids the election.' (Italics added.) At page 51 of 247 Iowa, at page 515 of 72 N.W.2d, it is said 'It is elementary that the same land cannot be within the jurisdiction of two pending reorganization proceedings at the same time. * * * Jurisdiction was obtained first over the territory in the Goodell District * * * by the Belmond Board. It was therefore improper for the Hancock County Board to attempt to fix boundaries so as to include that land.' (Italics added.)

While the use of the term 'jurisdiction' as it is used in various places throughout the decision may be somewhat confusing, we think that its meaning is clear. It places jurisdiction in the proper boards with the filing of the petitions and the giving of notice for hearing thereon, as does Chapter 275, Code 1958, I.C.A., in the instant case; it recognizes the established rule of law, see Mehmen v. Kappel, 242 Iowa 1032, 47 N.W.2d 832, that any attempt by the Board before which the last filed petitions were pending, to exercise jurisdiction over the overlapping territory is in excess of its authority; that the territory included in the Klemme District, as was voted upon at the election, was an entity and embraced land illegally included therein, and it followed, of course, that the entire election was illegal and void. If this decision holds other than above stated, and...