Wilkinson v. County Bd. of Ed. In and For Floyd County

• Decision Date: 03 May 1960
• Docket Number: No. 49940,49940
• Citation: 102 N.W.2d 924,251 Iowa 876
• Parties: R. V. WILKINSON and Richard F. Kastler, Appellants, v. COUNTY BOARD OF EDUCATION IN AND FOR FLOYD COUNTY; Mrs. Forrest Klager, Mrs. W. B. Forsyth, D. S. Kupker, H. W. Merrick and B. K. Shankland, as members of said Board; Fannie G. Howell, Secretary and Executive Officer of said Board; County Board of Education in and for Mitchell County; Glenn Crowell, Roland Eske, Luther Tollefson, Ernest Smolik and Mrs. Ann Klassen, as members of said Board; Ira Larson, Secretary and Executive Officer of said Board; County Board of Education in and for Cerro Gordo County; Charles Hansen, Hans Henricksen and Dale Smith, as members of said Board; M. C. Martin, Secretary and Executive Officer of said Board, Appellees.
• Court: Iowa Supreme Court

Page 924

102 N.W.2d 924

251 Iowa 876

R. V. WILKINSON and Richard F. Kastler, Appellants, v. COUNTY BOARD OF EDUCATION IN AND FOR FLOYD COUNTY; Mrs. Forrest Klager, Mrs. W. B. Forsyth, D. S. Kupker, H. W. Merrick and B. K. Shankland, as members of said Board; Fannie G. Howell, Secretary and Executive Officer of said Board; County Board of Education in and for Mitchell County; Glenn Crowell, Roland Eske, Luther Tollefson, Ernest Smolik and Mrs. Ann Klassen, as members of said Board; Ira Larson, Secretary and Executive Officer of said Board; County Board of Education in and for Cerro Gordo County; Charles Hansen, Hans Henricksen and Dale Smith, as members of said Board; M. C. Martin, Secretary and Executive Officer of said Board, Appellees.

No. 49940.

Supreme Court of Iowa.

May 3, 1960.

Mason & Stone, Mason City, for appellants.

L. E. Plummer, Northwood, Zastow, Noah & Smith, Charles City, for appellees. HAYS, Justice.

In May, 1958, a petition was filed with the Floyd County Superintendent of Schools for the creation of a Nora Springs-Rock Falls Community School District, embracing territory in Floyd, Mitchell and Cerro Gordo Counties. One of the districts included in the proposal was the Falls Township Consolidated School and the petition was signed by the required number of its voters. The County Boards, acting as a single board, met, considered and approved the proposal and established the boundaries of said district, and amended the county plans as petitioned for. On appeal to the State Department of Public Instruction its action was affirmed. In November, 1958, at a special election, the proposal was adopted by the voters. On February 3, 1959, this proceedings in certiorari was brought in the Floyd District Court, alleging that the joint board lacked jurisdiction and acted illegally, asked that all proceedings relating to the said Nora Springs-Rock Falls Community School District be declared void. Upon a hearing the trial Court annulled the writ and plaintiffs appeal.

The entire controversy revolves around two areas, combined containing less than four government sections, which had been attached by the Mitchell County Board in June, 1957 to the Falls Township Consolidated School District, to which they were contiguous. This district was entirely within Cerro Gordo County and maintained a 12 grade school system. No opportunity was afforded the residents of said attached area to vote thereon. Record of the attachment was at once filed with the Auditor to Mitchell County but was not filed with the Auditor of Cerro Gordo County until after this proceeding was commenced.

The recore shows that immediately after the attachment order was made the Falls Township Consolidated School District assumed full jurisdiction and control over the areas. It received the taxes from the same and a Director for said School District was elected therefrom. So far as appears from the record, no person residing thereon has ever registered any complaint because of the attachment. In the petition for the Nora Springs-Rock Falls Community School District filed in May, 1958, these attached areas were included in and considered to be a part of the Falls Township Consolidated School District and at the election in November, 1958, the residents thereof voted as a part of and with the other voters of said district.

I. Plaintiffs, residents and landowners within the new Community School District, but not of the attached areas, allege that they are adversely affected by the esrablishment of said Community School District. The basis for the relief sought appears to be as follows: At the time the Mitchell County Board acted in 1957 the areas involved were 'existing districts or portions thereof.' That under Section 275.1, Code 1954 as amended, I.C.A., before any valid attachment could be made the residents of the attached area must vote thereon. Not having had this opportunity, said areas still retain their status as 'existing districts or parts thereof.' As such, before the joint boards could acquire jurisdiction over the areas, petitions signed by the required number of voters therein must be filed. This was not done, hence no jurisdiction. Plaintiffs also assert that being 'existing districts or parts thereof,' they were entitled to vote as separate districts and being deprived thereof, voided the November election.

Section 275.5, Code 1954 as amended, I.C.A., was in effect in June, 1957 when the attachment order was made by the Mitchell County Board. It, so far as material here, provided: '* * * such proposals, (for reorganization of schoold districts) may provide for reducing an existing school district to less than four government sections and where such proposal is put into effect * * * the county board shall attach such remaining portions of less than four sections to another district or districts.' Presumably it was under this section that the attachment order was made, at it appears the attached areas were left as the result of other school reorganizations.

Also in effect at the time of the attachment order was an amendment to Section 275.1, Code 1954, I.C.A., being Section 4, Chapter 128, Acts 57th G.A., effective in May, 1957. Section 275.1 is entitled Declaration of Policy and declares it to be the policy that all areas of the state must be in a 12 grade school system by July 1, 1962 and, if not, such areas shall be so attached by the county board. The amendment, above mentioned, states, 'It is further declared to be the policy of the state that no existing district or...