Swan Lake Consol. School Dist. v. Consolidated School Dist. of Dolliver

• Decision Date: 05 May 1953
• Docket Number: No. 48197,48197
• Parties: SWAN LAKE CONSOLIDATED SCHOOL DIST. v. CONSOLIDATED SCHOOL DIST. OF DOLLIVER et al.
• Court: Iowa Supreme Court

Page 349

58 N.W.2d 349

244 Iowa 1269

SWAN LAKE CONSOLIDATED SCHOOL DIST. v. CONSOLIDATED SCHOOL DIST. OF DOLLIVER et al.

No. 48197.

Supreme Court of Iowa.

May 5, 1953.

Robt. F. Culver, and Kelly & Spies, Emmetsburg, for appellant.

Wm. O. Anderson, Estherville, for appellees.

THOMPSON, Justice.

On September 26, 1951, plaintiff filed its petition in equity against the defendant, Consolidated School District of Dolliver, and certain others who are made parties only because of their official positions. The controversy is between the plaintiff and the Dolliver district, which will be referred to as the defendant.

Plaintiff's petition alleged that it is an independent consolidated school district, organized and existing under the provisions of Chapter 276 of the Code of 1950, I.C.A.; and that the defendant is likewise organized and existing under the same statutes. Sections 2, 3 and 11 in Swan Lake township, Emmet county, are alleged to be a part of the territory comprising the plaintiff district. Defendant is attempting to alter its boundaries to include said three sections and on August 23, 1951, an election was held under the provisions of Chapter 274, Code of 1950, I.C.A., to effect this change. Said election and all proceedings and attempts on the part of the defendant are illegal and void in that the provisions of Chapter 276 were not followed, but only those of Chapter 274. Defendant is interfering with the operation of plaintiff district by making claim to said sections and to the revenue derived therefrom; by operating its school buses through said territory and conveying pupils to the school in defendant district; and by notifying the county superintendent of the purported change in boundaries and claiming the inclusion of said territory and the tax benefits therefrom. The prayer is that it be adjudicated the said three sections are a part of plaintiff district and all proceedings taken by defendant to alter its boundaries to include them are void. It is also prayed that defendant be enjoined from claiming the disputed territory and from interfering with the operations of plaintiff with reference thereto and from claiming tax benefits therefrom. There is also a prayer for general equitable relief.

The material parts of defendant's answer are that it admits the three sections were a part of plaintiff district, but says they are now a part of defendant's territory; admits the formation of plaintiff and defendant, and their existence, under the provisions of Chapter 276; that no proceedings have been taken to annex the territory under Chapter 276, but alleges they were had under Chapter 274, specifically under sections 274.23 and 274.24.

On April 8, 1952, at a pre-trial conference, it was stipulated that it should be considered 'plaintiff has, on this day, filed an additional petition in quo warranto, including all the statutory allegations and including the allegations of fact as set forth in the original petition herein. It shall be considered that such allegations are admitted by the defendant to the same extent as admissions are made in his original answer herein and as amplified by this pretrial procedure. In addition, it shall be considered that the defendant school district further pleads that the action in quo warranto is barred by the provisions of Code section 274.4. By reply (if reply is necessary) plaintiff denies the provisions of that section apply as a defense, either in law or in fact. The action in quo warranto shall then be considered as consolidated, for the purposes of trial, with the equity action.'

The case was submitted on the pleadings and the record as made at the pre-trial conference. It is apparent that there are law questions only. On May 10, 1952, the trial court entered its decree dismissing each of plaintiff's petitions. The court found in its conclusions of law that defendant should have proceeded under Chapter 276 rather than 274; but that plaintiff's action in equity could not be maintained because it was a collateral attack on the validity of the defendant district; the attack should have been direct by quo warranto; plaintiff's action in quo warranto was not filed until more than six months after the exercise of the franchises and privileges of the defendant district had commenced, and so was barred by section 274.4. There are thus three questions raised upon this appeal: First, whether defendant adopted the proper proceedings for incorporating the disputed territory; second, whether plaintiff's action in equity was proper; and, third, whether, if equity was not the proper remedy, the quo warranto action was barred by section 274.4. We shall discuss them in order.

I. We have recently held definitely in Cook v. Consolidated School District of Truro, 240 Iowa 744, 38 N.W.2d 265, under identical facts, that the provisions of Chapter 276 are exclusive when additional territory is to be incorporated in a consolidated school district. This means, of course, that Chapter 274 is not applicable to such proceedings. It was urged there, as here, that section 274.2 made the procedures provided for by Chapter 274 applicable to consolidated districts. The material part of this section is this:

'The provisions of law relative to common schools shall apply alike to all districts, except when otherwise clearly stated, * * *.' (Italics ours.) We pointed out in the Truro case, supra, how and why it is 'clearly stated' that organizational procedures called for by Chapter 276 are exclusive.

The defendant-appellee does not seriously contend that the Truro case does not hold flatly against it upon the procedural question it adopted in incorporating the three additional sections, but it asserts that the holding of this case is wrong and asks that we overrule it. The principles involved are so thoroughly analyzed and so cogently expressed by Judge Bliss in the Truro case that any restatement of them would be an idle gesture, and an attempt to improve upon them would be inappropriate. It may be proper, however, to point out tht we are here dealing with consolidated districts. Chapter 276 provides the manner for organizing them, and no one would contend that it could be done originally except as specified therein. But those who think the holding of the Truro case to be in error as applied to enlargement of a consolidated district believe there is at least an alternative method provided by Chapter 274 for taking in additional territory. They overlook the fundamental principle that when new territory is added to a consolidated district there is effected a new consolidation. It is not a matter of adding new areas to an old consolidation. These new areas have always themselves been part of some other district; there is no place or territory in the state which is not at any given time incorporated in some school district. When it is desired to consolidate, and thus form a consolidated district, the procedure is provided by Chapter 276; and when this is done we have the consolidated district. 'A consolidated district is one which is made up by the consolidation of two or more adjacent common or ordinary school districts or parts of districts or territory.' Wall v. State ex rel. McConnell, 187 Okl. 497, 103 P.2d 925, 926.

We have said, in several cases preceding the Truro case, that adding new territory to a present consolidated district makes a new consolidated district. In Arnold v. Consolidated Independent School District, 173 Iowa 199, 155 N.W. 278, the right of a district once consolidated to take in further territory and so to make a new consolidation was at issue. This court said, 173 Iowa at page 200, 155 N.W. at page 278:

'whether * * * there can be a further consolidation in said territory * * * bringing in additional territory, and thus forming a new consolidated school district.' (Italics ours.) It appeared that after the first consolidation, completed in May, 1914, under the provisions of section 2794-a, Code Supplement of 1913 (now forming a part of sections 276.1 and 276.2, Code of 1950, I.C.A.), in the same month another petition was presented for further consolidation. Another election was held on June 13, 1914, 'the result of which was that a new consolidated district was formed, including additional territory to that included in the first consolidated district, * * *.' (Italics ours.) In State ex rel. Kirchgatter v. Thompson, 190 Iowa 1160, 1166, 181 N.W. 434, 437, we said:

'In Arnold v. Consolidated Ind. Sch. Dist., 173 Iowa 199, 155 N.W. 278, we held that a school district consolidated under the provision of the statute might again avail itself of the same provisions of the law and effect a further or second consolidation. There can be no doubt of the right of a consolidated district to reconsolidate and enlarge its territory, provided that the proceedings are in accordance with the statute.' (Italics ours.)

In State ex rel. Stinman v. Spellman, 191 Iowa 1181, 1183-84, 183 N.W. 577, is this:

'Whenever it is proposed to include an area of 16 sections or more, section 2794a (now part of Chapter 276), as amended, is also applicable and is the proper procedure if it is the purpose to organize and conduct a central school in rural territory, and transport the pupils. Technically, this is not the union of two districts, but the organization of a new corporation for the purpose of conducting a central school as a consolidated district, * * *.' (Italics ours.)

In the case of Arnold v. Consolidated Independent School District, supra, it is held that a consolidated independent school district may be included with other territory to organize a new district under the provisions of section 2794-a.

The effect of the foregoing authorities is that a presently consolidated district may take in additional territory, and when it does so a new consolidated district is formed. Logic and reason also sustain this view. It follows, of course, that the only legal method for...