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Common School Districts Lyon and Yellow

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eBook details

  • Title: Common School Districts Lyon and Yellow
  • Author : Supreme Court of Minnesota
  • Release Date : January 25, 1950
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

Jens Barstad, the appellant in district court, appeals from an order denying his motion for amended findings of fact and conclusions of law or a new trial. School districts Nos. 19, 34, 41, 56, 65, 71, 74, 87, 89, 90, and 99 are common school districts located in Lyon county, and school districts Nos. 1, 24, and 96 are common school districts located in Yellow Medicine county. School district No. 15 is an independent school district of Lyon county. It maintains a state high school and graded elementary school in the village of Cottonwood. A proposal was made for consolidation of the common school districts with school district No. 15. In furtherance of the project, the superintendent of district No. 15 prepared a plat of the proposed new district. He sent this plat to the state commissioner of education, who approved it, after which it was sent to the county superintendent of schools of Lyon county, who filed it. Thereupon, petitions were circulated in the several surrounding school districts above enumerated, one for each school district, asking for the creation of a new consolidated school district. Upon receipt of these petitions and based thereon, the county superintendent of schools issued a notice of a special school election for each of said districts involved to pass on the proposed consolidation. On January 22, 1949, an election was held in the gymnasium of district No. 15. After receiving the report of the election from the election officials, the county superintendent of schools made an order of consolidation. The school board of district No. 15 consented to the consolidation. A copy of the order of consolidation was sent within ten days after the order was made to the clerk of each of the districts affected, to the county auditors of Lyon and Yellow Medicine counties, and to the state commissioner of education. Appellant, a resident legal voter and taxpayer of district No. 71, appealed to the district court of Lyon county from the order of the county superintendent of schools, on the ground that because of numerous recited defects in the proceedings the purported election was null, void, and illegal, and that the county superintendent of Lyon county was without authority or jurisdiction to make the purported order of consolidation. After an adverse decision by the trial court, appellant appealed to this court from an order denying his motion to amend the findings and conclusions or for a new trial.


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