State ex rel. Dahm v. Goodin, R-
| Decision Date | 05 November 1956 |
| Docket Number | No. 22490,R-,M,22490 |
| Citation | 295 S.W.2d 600 |
| Parties | The STATE of Missouri ex rel. Raymond DAHM et al., Relators, v. Johnny GOODIN et al., Members of the Board of Directors, Reorganized School District,ercer County, Missouri, Respondents. |
| Court | Missouri Court of Appeals |
Noland M. Chapman, Don Chapman, Noland M. Chapman, Jr., Don Chapman, Jr., Chillicothe, for relators.
J. Morgan Donelson, A. B. Walker, Princeton, for respondents.
Original proceeding in Mandamus brought under Sec. 4, Art. 5, Const. of Missouri, V.A.M.S.: It was stipulated that Reorganized School District R-II of Grundy County, Missouri, and Reorganized School District R-V of Mercer County, Missouri, each is a legally existing school district and organized under the provisions of Secs. 165.657 to 165.707, RSMo 1949, as amended V.A.M.S.; that Relators are residents, qualified voters, and taxpayers of R-V, Mercer County; that respondents are the duly elected, qualified, and acting members of the Board of Directors of R-V, Mercer County, the respondent, C. E. Hammond, being Secretary of the Board; that on February 18, 1956, a petition hereafter referred to as First Petition, signed by more than ten qualified voters and taxpayers of R-V, Mercer County, was filed with the Boards of Directors of R-V Mercer County, and the Board of R-II, Grundy County, reciting their desire for change of boundary and requesting that notice be published, calling an election thereon at the annual meeting to be held in April, 1956. The petition specifically describes certain lands, then a part of R-II, Grundy County, which it was proposed to include in R-V, Mercer County. This territory is enclosed in blue lines on the plat attached to the stipulation; that on February 23, 1956, a second petition signed by more then ten qualified voters and taxpayers of R-V, Mercer County, was filed with the Boards of Directors of R-V, Mercer County, and R-II, Grundy County, reciting their desire for change of boundary and requesting that notice be published, calling an election thereon at the 1956 annual meeting. This second petition specifically described certain lands, then a part of R-V, Mercer County, which it was proposed to include in R-II, Grundy County. This territory is enclosed in red lines on the plat attached to the stipulation.
The Board of Education of R-II, Grundy County, and its Secretary posted the notices and called the election on both proposals for April 3, 1956. The Board of Education, R-V, Mercer County, called an election for April 3, 1956, based upon the first petition, but has refused to call an election on the proposition proposed in the second petition. The territory or area involved in each of these proposals is different. There is no overlapping of area, in whole or in part. However, the boundary line on one side of each proposed area to be attached is the same.
At the election April 3, 1956, a majority of the voters of R-V, Mercer County, voted in favor of the first proposal, that is, to detach the territory from R-II, Grundy County, and attach it to R-V, Mercer County. R-II, Grundy County, cast a majority of its votes against this proposal. An appeal was duly taken to the County Board of Education. The Board of Arbitration provided in such instances rendered a decision against the proposal and left the boundaries as they were.
At the annual election April 3, 1956, a majority of the R-II, Grundy County voters approved the second proposal as petitioned under date of February 23, 1956. This Writ is sought to compel respondents in their official capacity as the Board of Education for R-V, Mercer County, to honor the petition, publish notices and hold an election on the second petition.
Relators contend that upon the filing of the second petition, dated February 23, 1956, respondents, as Secretary and members of the R-V Mercer County Board of Education, had the ministerial duty of posting the notices, and calling the election for April 3, 1956, and that Mandamus is the remedy to secure compliance. Respondents say that since a boundary line change respecting the same two school districts and with one common boundary line was involved in each petition, jurisdiction attached to the petition filed first and the Board of Education could not validly act as to the second petition. Respondents also assert that defeat for Proposition No. 1 does not revive Proposition No. 2, and, thirdly, they say, the proposal is really one to annex rather than to change a boundary line.
The Constitution of Missouri, Sec. 4, Art. 5, vests original jurisdiction for remedial writs in all appellate courts. Since a school district is not a 'political subdivision' of the State, this suit is properly lodged in the Court of Appeals. Hydesburg Common School District of Ralls County, v. Rensselaer Common School District of Ralls County, Mo., 214 S.W.2d 4. State, ex rel. McCain, v. Acom, Mo.App., 236 S.W.2d 749.
Section 165.294, R.S.Mo., as amended 1955, V.A.M.S., clearly authorizes changes in boundaries. It sets forth the procedure to be followed in order to bring the matter before the voters. Ten qualified voters and taxpayers may petition the District Boards of Education--all districts affected where lands lie in more than one county. Thereupon, the Secretaries of the Boards shall post the notices for election. The statute provides that the question shall be decided by a majority vote in each district voting. If one or more districts vote against the change, then an appeal may be lodged with the county boards concerned. A County Board of Arbitration to determine the issue is then provided for. In our particular case the occurrence of the statutory preliminary facts prerequisite for the calling of the election were stipulated.
Respondents say this is an attempt to annex rather than to change a boundary. They cite Sec. 165.300, RSMo, 1949, as amended, V.A.M.S....
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