Wall v. County Bd. of Ed. of Johnson County, 49229

• Decision Date: 12 November 1957
• Docket Number: No. 49229,49229
• Parties: Wesley WALL, Carl J. Goetz, and George R. Walter, Plaintiffs-Appellees, v. COUNTY BOARD OF EDUCATION OF JOHNSON COUNTY, Iowa, et al., Defendants, Lone Tree Independent School District, et al., Intervenors-Appellants, Pleasant Valley Township School District, et al., Intervenors-Appellees. Homer EDEN, Sr., and Robert Baker, Petitioners-Appellees, v. COUNTY BOARD OF EDUCATION OF JOHNSON COUNTY, Iowa, et al., Respondents, Lone Tree Independent School District, et al., Intervenors-Appellants. Wesley WALL, Carl J. Goetz, George R. Walter and Homer Eden, Plaintiffs-Appellees, v. COUNTY BOARD OF EDUCATION OF JOHNSON COUNTY, Iowa, et al., Defendants. Lone Tree Independent School District, Defendant-Appellant.
• Court: Iowa Supreme Court

Page 231

86 N.W.2d 231

249 Iowa 209

Wesley WALL, Carl J. Goetz, and George R. Walter, Plaintiffs-Appellees, v. COUNTY BOARD OF EDUCATION OF JOHNSON COUNTY, Iowa, et al., Defendants, Lone Tree Independent School District, et al., Intervenors-Appellants, Pleasant Valley Township School District, et al., Intervenors-Appellees.

Homer EDEN, Sr., and Robert Baker, Petitioners-Appellees, v. COUNTY BOARD OF EDUCATION OF JOHNSON COUNTY, Iowa, et al., Respondents, Lone Tree Independent School District, et al., Intervenors-Appellants.

Wesley WALL, Carl J. Goetz, George R. Walter and Homer Eden, Plaintiffs-Appellees, v. COUNTY BOARD OF EDUCATION OF JOHNSON COUNTY, Iowa, et al., Defendants.

Lone Tree Independent School District, Defendant-Appellant.

No. 49229.

Supreme Court of Iowa.

Nov. 12, 1957.

W. H. Bartley and Edward F. Rate, Iowa City, for Lone Tree Independent School District, and 52 resident taxpayers of the proposed new district, appellants.

Messer, Hamilton & Cahill, Iowa City, for plaintiffs-appellees.

William M. Tucker, County Atty. and Charles A. Barker, Asst. County Atty., Iowa City, for defendants.

Arthur O. Leff, Iowa City, for intervenors Pleasant Valley School Dist., et al., appellees.

PETERSON, Justice.

On July 6, 1955, a petition to call an election for reorganization of four school districts, in accordance with Chapter 275, 1954 Code, I.C.A., was filed with County Superintendent of Schools of Johnson County. The district was to be known as 'Lone Tree Community School District'. It was to be composed of Lone Tree Independent District, nearly all of Fremont and Lincoln Township Districts, and a narrow area along eastern border of Pleasant Valley Township. After proper preliminary statutory procedure, the County Board fixed September 13th as the election date. The proposal was adopted by following vote: Lone Tree Independent--195 yes and 9 no; Fremont--143 yes and 91 no; Lincoln--74 yes and 9 no; Pleasant Valley--15 yes and 5 no. Total--427 yes and 114 no. In the entire area the proposal carried by 79% of votes cast.

On July 13, 1955, an injunction action was filed by three taxpayers in the area, alleging certain irregularities and praying for temporary injunction as to holding of the election, and permanent injunction as to formation of district. The trial court granted temporary injunction, which injunction was stayed on hearing before two members of this court. The action was against County Board of Education, the individual members thereof, and County Superintendent of Schools. On September 6, 1955, a petition of intervention was filed by Pleasant Valley Township School District, and certain residents of the township representing 130 electors. These intervenors joined with plaintiffs in prayer for temporary and permanent injunction. After the election was held plaintiffs filed amendment to petition raising further questions concerning legality of the election, all of which were considered by the trial court and are now before this court. On July 18, 1955, Lone Tree Independent School District, together with approximately 52 electors from Lone Tree, Pleasant Valley, Lincoln, and Fremont Districts filed petition of intervention, joining with defendants in the case. On July 13, 1955, two resident taxpayers in Fremont Township School District filed petition for writ of certiorari against County Board of Education, the individual members thereof, and County Superintendent, alleging irregularities in connection with the reorganization proceedings. On July 18, 1955, Lone Tree Independent School District, together with approximately the same 52 electors as appeared in the previous case, filed petition of intervention denying the allegations of plaintiffs' petition and praying that the proceedings be held legal. On October 1, 1955, three resident taxpayers, living in that part of Fremont Township School District sought to be consolidated, filed a petition in equity to set aside and nullify all proceedings in connection with the reorganization and election. The defendants in this action were County Board of Education, the individual members thereof, County Superintendent, Lone Tree Independent School District, Pleasant Valley Township School District, and Fremont Township School District. Lone Tree Independent School District filed answer denying all allegations of plaintiffs' petition. Pleasant Valley School District answered and approved plaintiffs' position.

By consent of all parties and by order of court the three cases were consolidated for trial. It was stipulated that all testimony taken was applicable to all three cases and the paramount issue was as to the validity of the election which resulted in establishing the school district.

The trial court decided the cases in favor of plaintiffs and intervenors who joined with them. In all cases Lone Tree Independent School District and the many residents joining with them as intervenors, and Lone Tree Independent School District as defendant in the case in equity, filed notices of appeal as against plaintiffs and the intervenors joining with plaintiffs.

County Board of Education and the individual members thereof and County Superintendent did not file notice of appeal, and appellees have filed motion to dismiss this appeal, which motion was ordered submitted with the case. The principal basis for the motion is that since said parties have not appealed, the decision of the trial court as against them has become the law of the cases, and even though the cases are reversed such parties would not be able to take the necessary proceedings to consummate the formation of the district. They allege a reversal would only create a situation which would be moot, and not effective in any manner.

The material and substantial issues in the cases have been sharply drawn as between the parties to the appeal. Pleadings were duly filed by plaintiffs as against the petitions of intervention filed by appellants in the various cases. A complete answer to the position of appellees is the fact that in the general equity case filed for the purpose of declaring all proceedings and the election illegal Lone Tree Independent School District was a defendant. As such defendant said district served notice of appeal upon plaintiffs. The testimony offered applied as to this case in equity, with directly opposing parties.

A reversal validates the election and formation of the district. There are no additional proceedings to be taken by County Board of Education. The fact that the County Superintendent did not serve notice of appeal will not prevent him from performing his further statutory duties.

We considered a somewhat similar question in State ex rel. Brown v. Beaton, 190 Iowa 216, 178 N.W. 1, 8, 180 N.W. 166. This was an action involving removal of railroad property. The Attorney General entered the case on behalf of State of Iowa and gave sanction to prosecution of the suit. He filed petition of intervention. Plaintiffs appealed, but the Attorney General did not perfect any appeal. In the case we said: 'The Attorney General, in behalf of the state, filed a petition of intervention, alleging the facts set out in the petition, and 'by reference and adoption, makes said petition a part of the petition' by him filed, and prayed for the same relief. He did not, however, join in the appeal, and it is contended that for this reason the appeal should not be entertained. Having given sanction to the prosecution of the suit in the trial court, such sanction is not withdrawn by the officer's omission to perfect an appeal. The only interest of the state is that donors and taxpayers, and any others interested, be fully protected by procedure appropriate for that purpose. It was without direct interest, and for this reason the omission to appeal will not be allowed to prejudice relator or others interested. People ex rel. Garrison v. Clark, 72 Cal. 289, 13 P. 858; People ex rel. Rondel v. North San Francisco Homestead & R. Ass'n, 38 Cal. 564.' In the case at bar the interested parties were the respective school districts and the electors who were parties in the three cases. The omission to appeal on the part of the County Board of Education and County Superintendent cannot be permitted to prejudice the substantial rights of the districts and such parties. Motion to dismiss filed by appellees on basis of above allegation is overruled.

Appellees also raise the question in their motion that appellants' record was filed one day late, and the appeal should therefore be dismissed. The court had extended time for filing to March 21, 1957. It was filed on that date. Appellees claim it should have been filed on March 20th. In view of the honest difference of opinion, and since no prejudice resulted, we overrule this section of the motion.

The allegations of plaintiffs' three petitions, with two exceptions, were sustained by the trial court. They are substantially identical with appellants' assignments of error and are as follows: 1. Use of absentee ballots (this was approved by the court, but is argued by appellees). 2. Holding more than one election within twelve months. 3. The holding of repetitious and vexatious elections. 4. The formation of the district was the result of a gerrymandering process. 5. There was an error in the description of the boundaries of the proposed district in all printed notices. 6. There were several irregularities in connection with the election, as follows: the notices were not properly captioned or addressed to any person or corporation the posting and publication of notices of election were not in accordance with statute; the election judges did not follow the statute by posting instruction cards and sample ballots in voting places; notices were not posted as to change of a voting place. 7. Proper surveys, and study as to the proposed new district were not made by school officials; the reorganization plan involved in the election was not properly...