The Board of Education of Kansas City v. School District No. 7

• Decision Date: 01 January 1891
• Parties: THE BOARD OF EDUCATION OF KANSAS CITY v. SCHOOL DISTRICT NO. 7, IN WYANDOTTE COUNTY
• Court: Kansas Supreme Court

26 P. 13

45 Kan. 560

THE BOARD OF EDUCATION OF KANSAS CITY v. SCHOOL DISTRICT NO. 7, IN WYANDOTTE COUNTY

Supreme Court of Kansas

January 1, 1891

Error from Wyandotte District Court.

INJUNCTION vacated November 9, 1888. The facts are stated in the opinion.

Judgment affirmed.

Hutchings & Keplinger, for plaintiff in error.

Alden McGrew & Watson, for defendant in error.

SIMPSON C. HORTON, C. J., JOHNSTON, J., VALENTINE, J., concurring.

OPINION

SIMPSON, C.:

By an extension of the boundaries of the city of Kansas City, a part of the territory of School District No. 7 of Wyandotte county was brought within the limits of said city, and on the portion of said school district thus added to the city was situate a school-house belonging to District No. 7. This school-house, known as "Stewart's School-House," was built by District No. 7 on an acre of ground conveyed in fee to said district by Sarah Driver on the 26th day of September, 1867. Just how the district was divided by the extension of the city limits, and what portion was left out and what part taken into the city, is not disclosed by the record. Enough is said, however, to show that a large number of school children were left within the original district. After the extension of the city limits the board of education of the city of Kansas City attempted to take possession of and exercise control over said school-house. The director of School District No. 7 resisted these attempts at control of the school-house by the board of education of the city, and this action was commenced by the board of education to restrain the officers of the school district from any interference with the control of the board over the school-house. An order of injunction was issued and served with the summons, but a motion to vacate the order was sustained; and from this ruling the case is brought here for review.

The decision of this case must be controlled by equitable considerations; for while the statutes of the state have made provisions for the disposition of the property of a school district when the same is abolished or discontinued, and when a school district is divided by the county superintendent, or when by his action a part of the territory of a school district is detached and put into another or new district, no express provision is made where a school district is divided by reason of an extension of city limits absorbing a part of it. The case of Curtis v. Board of Education, 43 Kan. 138, 23 P. 98, is not controlling, because it appears from the record in that case that School District No. 45 conveyed the school-house property...