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Board of Satanta v. Haskell County Planning Board

Supreme Court of Kansas
Jul 14, 1966
416 P.2d 791 (Kan. 1966)

Opinion

No. 44,518

Opinion filed July 14, 1966.

SYLLABUS BY THE COURT

SCHOOLS AND SCHOOL DISTRICTS — Transferring "Gray-area" by Superintendent of Public Instruction — Conclusiveness. Under the provisions of K.S.A. 72-6743 the State Superintendent of Public Instruction shall determine whether "gray-area" shall be transferred from one planning unit to another and such determination is conclusive. (Following Board of Satanta v. Grant County Planning Board, 195 Kan. 640, 408 P.2d 655.)

Appeal from Haskell district court; L.L. MORGAN, judge. Opinion filed July 14, 1966. Affirmed.

Dale M. Stucky, of Wichita, argued the cause, and Eugene L. Smith, of Liberal, and Wayne Coulson, Paul R. Kitch, Donald R. Newkirk, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson, David W. Buxton, John T. Conlee, John Prather, and Richard I. Stephenson, all of Wichita, were with him on the briefs for the appellants, and Homer V. Gooing and Hugo T. Wedell, both of Wichita, of counsel.

E.F. Russell, Special Assistant Attorney General, of Ulysses, argued the cause, and Robert C. Londerholm, Attorney General, and J. Richard Foth, Assistant Attorney General, were with him on the briefs for appellee, Adel Throckmorton, State Superintendent of Public Instruction.

Leland E. Nordling, of Johnson, was on the brief for appellee, The Haskell County Planning Board.


The opinion of the court was delivered by


This is an appeal from a summary judgment of the district court entered in favor of defendants-appellees, The Haskell County Planning Board and the Members thereof, in a declaratory judgment action. Plaintiffs-appellants also appeal from an order of the district court dismissing the action as to the defendant, appellee, Adel Throckmorton, State Superintendent of Public Instruction.

The action arises out of the same controversy involved in a companion case entitled: Board of Satanta v. Grant County Planning Board, 195 Kan. 640, 408 P.2d 655, decided by this court on December 11, 1965.

The facts in the instant case are similar to those involved in the companion case. The issues of law appear to be identical in the two actions and on oral argument, before this court, appellants' counsel conceded such to be the case.

The same basic question was presented in both cases: Is the State Superintendent authorized to conclusively determine whether "gray-area" shall be transferred from one planning unit to another? The question was resolved in the affirmative in Board of Satanta v. Grant County Planning Board, supra, and that opinion is adopted and incorporated herein as controlling and determinative of the issues raised in this appeal.

It would serve no useful purpose to restate the reasons for our previous decision.

The judgment is affirmed.


Summaries of

Board of Satanta v. Haskell County Planning Board

Supreme Court of Kansas
Jul 14, 1966
416 P.2d 791 (Kan. 1966)
Case details for

Board of Satanta v. Haskell County Planning Board

Case Details

Full title:THE BOARD OF SATANTA JOINT RURAL HIGH SCHOOL DISTRICT No. 2 and the…

Court:Supreme Court of Kansas

Date published: Jul 14, 1966

Citations

416 P.2d 791 (Kan. 1966)
416 P.2d 791

Citing Cases

Board Satanta Joint R. H. Sch. v. Haskell Cty. Plan

Decided November 14, 1966.197 Kan. 321, 416 P.2d 791, appeal dismissed. Dale M. Stucky for…