Willard Reorganized School Dist. No. 2 of Greene County v. Springfield Reorganized School Dist. No. 12 of Greene County

Decision Date24 March 1952
Docket NumberNo. 7094,7094
PartiesWILLARD REORGANIZED SCHOOL DISTRICT NO. 2 OF GREENE COUNTY v. SPRINGFIELD REORGANIZED SCHOOL DISTRICT NO. 12 OF GREENE COUNTY.
CourtMissouri Court of Appeals

Farrington & Curtis, Springfield, for appellant.

Frank C. Mann and Mann, Mann, Walter & Powell, all of Springfield, for respondent.

McDOWELL, Judge.

Action for a declaratory judgment seeking a determination of the validity and effect of certain school elections and asking that the court, by its judgment, determine the rights of the parties in and to the property and funds belonging to former Ritter School District No. 62 of Greene County, Missouri, and the control and management of the education of the children of said former school district, together with the right to collect and receive school taxes from such district and plaintiff prays that the decree adjudge that former Ritter School District No. 62 for all legal purposes be declared a part of plaintiff school district and that defendant be adjudged to pay and deliver to plaintiff all monies and property by it received from said school district.

The cause was tried in Division No. 2 of the Circuit Court of Greene County, Missouri, and judgment rendered in favor of the defendant finding that plaintiff had no jurisdiction over the schools in former Ritter School District No. 62; no right to the money or property of said Ritter School District and no right to collect school taxes therein. From this judgment plaintiff appealed.

Plaintiff's petition pleads that it is a duly organized school district in Greene County, known as Willard Consolidated School District No. 3.

That defendant claims to be a reorganized school district composed of former Springfield School District No. 73 and former Ritter School District No. 62 of Greene County and is assuming to act as such.

That on November 6, 1950, there existed in Greene County a common school district known as Ritter School District No. 62; that a special school meeting was called on November 6, 1950, in this district to vote upon the proposition of uniting it to Willard Consolidated District No. 3 and that, as said election, this consolidation was voted and the results thereof duly certified by the clerk of such meeting to the Board of Directors of Ritter School District and the Board of Education of Willard School District.

The petition then alleges that an action was filed in the Circuit Court attacking the validity of the election held November 6th and that a second petition was presented to the Board of Directors of Ritter School District by fourteen qualified voters thereof and that another special school meeting was held January 4, 1951, for the purpose of again voting on the question of annexation of Ritter School District to Willard School District and this election voted in favor of such annexation, the results of which were duly certified to each of the districts.

The petition alleges that on January 9, 1951, the Board of Education of Willard Consolidated School District No. 3, met in special session to consider the elections held in Ritter School District on November 6, 1950, and on January 4, 1951, and voted unanimously to annex said Ritter School District to Willard School District and immediately notified the clerk of the Board of Directors of Ritter School District and the County Clerk of Greene County, Missouri of its action. The petition then pleads that by virtue of Section 165.300 RSMo 1949, V.A.M.S., Ritter District became a part of plaintiff district.

The petition then pleads that on the 16th day of January, 1951, a purported election was held in Springfield School District No. 73 of Greene County, Missouri, and in former Ritter School District No. 62 of Greene County, Missouri, for the purpose of voting upon a proposition to reorganize said districts into one school district; said election being called by the Board of Education of Greene County, Missouri; that, although the proposition was overwhelmingly defeated in said Ritter School District, a majority of the voters of the two districts voted at said election in favor of the reoganization of the two districts and thereafter a new board of education was elected for said reorganized district which then became known as Springfield Reorganized School District No. 12, and said board of education has now received from the county treasurer of Greene County, Missouri, all funds in his hands previously belonging to said Ritter School District and has assumed the operation, management and control of the school located in said former Ritter School District and the education of the children residing in said former district.

The petition pleads that it is plaintiff's contention that former Ritter School District No. 62 is now, and has been since January 9, 1951, a part of Willard Consolidated School District No. 3, now known as Willard Reorganized School District No. 2; that the election of January 16, 1951, by which said Ritter School District and said Springfield School District were purportedly reorganized into Springfield Reorganized District No. 12 was ineffective to include Ritter School District No. 62 because, on that date, there was no such district as Ritter School District; that it had already been annexed and was an integral part of plaintiff district and plaintiff pleads that because of these facts plaintiff, Willard Reorganized School District No. 2 is entitled to have all the funds and property belonging to Ritter School District and the management and control of the schools located in said district with the right to collect and receive school taxes paid by the residents of such district.

The petition pleads that it is the contention of defendant that former Ritter School District is now part of the Springfield Reorganized School District No. 12; that the funds and property of such district belongs to plaintiff and that plaintiff is entitled to assume control and management of the school located in such district and to collect and receive the taxes paid by the residents thereof.

The petition pleads: 'That as a result of the aforesaid controversy the rights and status of the plaintiff and the defendant are 'uncertain and insecure, and will remain so until the same are determined by this court, and that a judgment and decree of this Court, entered in accordance with the prayer of this petition, will terminate the controversy and remove the uncertainty, insecurity and confusion resulting therefrom.'

The defendant, in its answer, filed after its motion to dismiss had been overruled, joined in requesting a declaratory judgment praying that the court declare that the defendant district was legally created and is now a valid and lawful district comprising territories of the former Springfield and Ritter Districts, and that the court further declare that the proceedings for the alleged annexation of the Ritter District by plaintiff district be declared void.

The facts governing the issues in this case are stipulated. We state such part of said facts as are necessary to determine the issues involved.

That prior to the 16th day of January, 1951, appellant was a school district known as Willard Consolidated District No. 3 of Greene County, Missouri; that on and prior to the 6th day of November, 1950, there existed in Greene County, Missouri, a common school district known as Ritter School District No. 62; that on and prior to the 2nd day of November, 1950, there existed in Greene County, Missouri, a common school district known as Schuyler School District No. 62; that Schuyler District was located between Ritter School District No. 62, and said Willard District, separating their territory. In other words, Ritter District did not adjoin Willard District on November 2nd, 1950; that on the 16th day of January, 1951, there existed in Greene County, Missouri, a city school district known as Springfield School District No. 72.

November 2nd, 1950, the qualified voters of Schuyler District voted to annex that district to Willard District, which annexation was approved November 3, 1950. Thereupon Ritter District and Willard District became adjoining school districts.

That on the 18th day of October, 1950, there was presented to the Board of Directors of Ritter District a petition, signed by thirteen qualified voters, requesting an election to annex said Ritter District to Willard District and that, on the 19th day of October, 1950, a petition, signed by eleven qualified voters, was presented to the Ritter Board requesting an election to annex said district to the Springfield District. On October 21, 1950, an election was called by the directors of Ritter District for November 6, 1950, to vote upon the proposal to annex Ritter District to Willard District, which proposition was carried by a vote of 138 to 65 and the result certified to the Board of Directors of the two districts.

November 4th, 1950, a petition, signed by ten qualified voters of Ritter District, was presented to the Board for the purpose of having the district annexed to Willard District. This second petition was presented because a suit had been started in the Circuit Court to prevent an election held under the petition of October 18th, because, at that time, Ritter District and Willard District were not adjoining.

An election was called by the Board of Directors of Ritter District on December 18, 1950, to be held January 4, 1951, to vote on the proposition of annexation of Ritter District to Willard District on the petition, filed November 4th, and the voters voted for an annexation, 111 to 41, which election was certified to the Boards of Education of both districts. On the 9th day of January, 1951, the Board of Education met and approved the annexation of Willard District, being the first action of the Board in reference thereto, although it had met November 11, December 13 and January 9th.

That the Greene County Board of...

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9 cases
  • State ex rel. Hand v. Bilyeu, R-1
    • United States
    • Missouri Court of Appeals
    • April 4, 1961
    ...School Dist. No. 2, Clinton County, v. Hunt, Mo., 199 S.W. 944; Willard Reorganized Dist. No. 2 of Greene County v. Springfield Reorganized School Dist. No. 12 of Greene County, 241 Mo.App. 934, 248 S.W.2d 435, 439; Spiking School Dist. No. 71, De Kalb County, v. Purported Enlarged School D......
  • Walker Reorganized School Dist. R-4 v. Flint
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    • Missouri Court of Appeals
    • May 6, 1957
    ...State ex inf. Goodman ex rel. Crewdson v. Smith, 331 Mo. 211, 53 S.W.2d 271; Willard Reorganized School District No. 2 of Greene County v. Springfield Reorganized School District, 241 Mo.App. 934, 248 S.W.2d 435; State ex inf. Taylor ex rel. Kansas City v. North Kansas City, 360 Mo. 374, 22......
  • In re
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    • Missouri Court of Appeals
    • March 19, 2013
    ...to interpret them.” Willard Reorganized Sch. Dist. No. 2 of Greene Cnty. v. Springfield Reorganized Sch. Dist. No. 12 of Greene Cnty., 241 Mo.App. 934, 248 S.W.2d 435, 443 (1952). Grant of immunity or any other solution is left to the discretion and determination of the legislative and exec......
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