State ex rel. McIntosh v. Rainey
| Decision Date | 16 November 1965 |
| Docket Number | No. 31905,R-3,31905 |
| Citation | 397 S.W.2d 344 |
| Parties | STATE of Missouri ex rel. James E. McINTOSH et al., Relators (Respondents), v. Paul RAINEY, Clerk of Reorganized School Districtof Washington County, Missouri, Jesse Essmeyer, Dr. E. W. Lake, Floyd Kennon, Harry Riehl, and Frank McKinistry, Members of the School Board of Reorganized School Districtof Washington County, Missouri, and Richard Wigger, Successor to Paul Rainey, Clerk, and Elmer Reed, Robert Nicholson and Cecil Johnson as members and succeeding Floyd Kennon, Harry Riehl and Frank McKinistry, Respondents (Appellants). |
| Court | Missouri Court of Appeals |
Samuel Richeson, Dearing, Richeson, Weier & Roberts, Hillsboro, for respondents-appellants.
Warren D. Welliver, Welliver, Porter & Cleaveland, Columbia, John W. Waller, Sullivan, for relators-respondents.
This is an action in mandamus. It was brought at the relation of those named who are all residents, voters and taxpayers in Consolidated School District C-2 of Franklin County, Missouri. By this action they sought to compel the respondents below, who were the members of the School Board of District R-3 of Washington County, Missouri, to submit a proposition in their district to an election. The question which they desired to have voted upon was a proposed annexation by the Franklin County District of twelve sections of land which are a part of the Washington County District and located in Washington County. The court found for the relators and ordered the respondents below to do all necessary things to put the proposition before the voters of District R-3 of Washington County at the next annual school election. The respondents below appealed.
There is no dispute as to the following facts. The relators were all, as they alleged, residents, qualified voters and taxpayers of C-2 Consolidated School District. This is in Franklin County and it adjoins the Reorganized School District R-3 of Washington County. The relators who were more than ten in number, signed the petition for a change of boundaries to enlarge the C-2 Franklin County District to include Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15 and 16 of Township 39 North, Range 1 West, all in Washington County, Missouri. It requested that the school districts, in response to the petition, prepare said proposition for the annual school election to be held on April 7, 1959, all in compliance with Sec. 165.294, V.A.M.S. A signed copy of the petition was sent to the clerk of each school district on about February 19, 1959, quite a while prior to the time for the clerks of each of the districts to post notices of the desired change in time for the school election held on April 7, 1959.
The Franklin County District gave notice of an election on the proposition and it was voted upon on April 7, 1959, and carried by a vote of 813 for to 53 against. The clerk and members of the Board of Reorganized School District R-3, Washington County, refused to prepare the proposition for the annual school election on April 7. No election was held there.
The respondents below and the appellants here, over the objection of the relators, put on evidence touching upon the necessity for the change. This disclosed that there were only four children in the area over which petitioners sought to extend the boundaries of C-2 Franklin County District. These children were served by bus and the schools which they attended in Washington R-3 were considered adequate by their parents. There was also evidence that the area, which contained mining operations, had a total assessed valuation of $6,687,850. The total assessed valuation of District R-3 of Washington County was $13,818,184 and its bonded indebtedness was $1,175,000.
The first point raised by the appellant-respondent is that the trial court erred in ordering the respondents below to call an election because there was no legal duty upon them to call such an election at the time of the commencement of the action in mandamus. This requires consideration of the school laws in effect at the time the petition for the election was filed with R-3 District of the Washington County Board and changes in the law which became effective in 1959 after the time for the election had passed. Section 1, Laws of Missouri 1955, Page 529, was in effect at the time petition for the election was filed with the boards of the two districts and at the time of the school election on April 7, 1959. This provided: '* * * when it is necessary to change the boundary lines ten qualified voters who are taxpayers in any district affected may petition the district boards of directors in the districts affected for a change in boundaries. * * *' The foregoing part of the section was changed later in Sec. 165.294, V.A.M.S., requiring the petition for change of boundaries to be signed by 10% of the qualified voters who are taxpayers in the district desiring the changes, instead of the ten voters previously required.
Both statutes dealing with six director school districts provided that where the voters of one district voted against a proposed annexation the matter may then be appealed to the boards of directors. Both statutes set up the method and procedure for arbitration of the differences between the districts involved. The law in relation to this was again enacted without major changes in 1963 and it is now Sec. 162.431 V.A.M.S.
As stated, it is the contention of the appellants that although the law, at the time that the petition for the election was filed by...
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