State ex rel. Consolidated Independent School Dist. of Competine Township v. Consolidated Independent School District of Linby

• Decision Date: 15 February 1921
• Docket Number: 33672.
• Citation: 181 N.W. 495,190 Iowa 1154
• Parties: STATE OF IOWA ex rel. Consolidated Independent School District of Competine Township, Appellant, v. CONSOLIDATED INDEPENDENT SCHOOL DISTRICT OF LINBY et al., Appellees
• Court: Iowa Supreme Court

181 N.W. 495

190 Iowa 1154

STATE OF IOWA ex rel. Consolidated Independent School District of Competine Township, Appellant, v. CONSOLIDATED INDEPENDENT SCHOOL DISTRICT OF LINBY et al., Appellees

No. 33672.

Supreme Court of Iowa, Des Moines

February 15, 1921

Appeal from Jefferson District Court.--C. W. VERMILION, Judge.

QUO warranto to test the validity of the organization of a consolidated independent school district. A demurrer to plaintiff's petition was sustained, and plaintiff appeals.

Reversed.

Chester W. Whitmore, for appellant.

Starr & Jordan and Ralph H. Munro, County Attorney, for appellees.

STEVENS J. EVANS, C. J., ARTHUR and FAVILLE, JJ., concur.

OPINION

STEVENS, J.

I.

A petition asking the establishment and consolidation of a school district embracing territory in Jefferson County and one independent district, known as Lone Tree Independent District No. 7, in Wapello County, was filed in the office of the county superintendent of Jefferson County. Residents of Lone Tree Independent District, on December 17, 1917, filed objections to the proposed consolidated district, in the office of the county superintendent of Jefferson County, which were on the same day considered and overruled. On December 26th, the objectors appealed from the decision of the county superintendent to the county board of education, whereupon the county superintendent transmitted all the original papers, together with her decision, to said board, and fixed the hearing upon appeal before it at her office in the courthouse at Fairfield on December 29th. A hearing was then had before the board, resulting in the sustaining of the decision of the county superintendent. On December 18th, which, as will be observed, was before notice of appeal from the decision of the county superintendent was served upon her, notice of an election to vote upon the proposed consolidation of said district, fixing December 31st therefor, was published. The election resulted in a majority of votes for consolidation. The defendants R. E. Mowery, J. H. Smith, W. C. Krows, and C. R. Ruggles were elected directors of said district, who in turn appointed James K. Stepp as president, C. W. Edwards as secretary, and J. A. Clingman as treasurer of said new consolidated district.

This action was commenced to test the legality of the organization of said consolidated independent district, and of the right of the said defendants to hold the office of school director, secretary, and treasurer thereof.

Among other allegations of plaintiff's petition, it is alleged that the five days' notice required by Chapter 149, Acts of the Thirty-eighth General Assembly, which amended Section 2794-a of the Supplemental Supplement to the Code, 1915, was not given, but, on the contrary, that but two days intervened between the final decision of the county board of education and the time fixed by said notice for holding the election. The material portions of Chapter 149, Acts of the Thirty-eighth General Assembly, are as follows:

"That Section 2794-a of the Supplemental Supplement to the Code, 1915, as amended by Chapter 432 of the Acts of the Thirty-seventh General Assembly be amended by striking therefrom the first hundred lines of Subdivision 'a' thereof and inserting in lieu thereof the following:

"When a petition describing the boundaries of contiguous territory containing not less than sixteen sections, within one or more counties, asking for the establishment of a consolidated independent school district and signed by one third of the qualified voters residing therein, is filed with the county superintendent of the county in which the largest number of qualified voters in the proposed district reside, he shall within ten days give public notice of the place and date when all objections shall be filed. * * * All notices under this act shall be by one publication in a newspaper published within the proposed district or if there be none, then in a newspaper having general circulation within the proposed consolidated district, which publications shall be made not less than five days nor more than fifteen days prior to the hearing or election to which they refer. Objections may be made by any person residing upon or owning land within such proposed boundaries or who would be injuriously affected by the formation of the proposed district and shall be on file not later than twelve o'clock noon of the day fixed for receiving objections. Within five days after such filings the county superintendent shall review all papers filed in his office and after careful review and investigation of their merits shall overrule or sustain the objections filed and fix and determine the boundary lines of the proposed consolidated district. In determining these boundaries he shall so locate the boundary lines as will in his judgment form the best possible consolidated district, having due regard also to the welfare of adjoining districts. He shall also notify at once all objectors by registered letter of his decision.

Any person having filed objections and being aggrieved by the ruling of the county superintendent may appeal from his decision to the county board of education within ten days after the decision is rendered, by serving written notice on the said county superintendent. Within five days after said notice has been received, the county superintendent shall file with the county board of education all of the original papers together with his decision and fix the time and place where such appeal will be heard and shall give notice to appellants by registered letter as heretofore provided. The time fixed for such hearing shall be not less than ten nor more than fifteen days from the date his decision is rendered. The county board of education shall determine such appeal within five days after the submission thereof which decision shall be final as to said boundaries.

"If no objections be filed or if the objections be not sustained it shall be the...