Opinion
No. 35,633.
April 10, 1952.
School and school district — formation of common school district — power of county board to include land within reorganized district.
Frost Independent School District No. 131, its president and secretary, and Ras Oswald and Oscar Sabin, individually and as taxpayers, appealed to the district court for Faribault county from an order of the county board granting a petition for the formation of School District No. 97 from lands located within District No. 131. After findings, Chris Carlson, Judge, affirming the order of the county board, appellants appealed from an order denying their motion for a new trial. Reversed and remanded with directions to enter judgment for appellants, following Bricelyn School Dist. v. Board of Co. Commrs. 238 Minn. 53, 55 N.W.2d 597.
Opinion adhered to on reargument. See, Bricelyn School Dist. v. Board of Co. Commrs. 238 Minn. 63, 55 N.W.2d 602.
Seifert, Krahmer Johnson, for appellants.
Harold C. Lindgren, County Attorney, Donald J. Callaghan, Assistant County Attorney, and Putnam Spencer, for respondent.
This is a companion case to Bricelyn School Dist. v. Board of Co. Commrs. 238 Minn. 53, 55 N.W.2d 597, filed herewith. The controlling question in each case is the same.
In the instant case, the board of county commissioners of Faribault county granted a petition for the formation of a common school district out of lands which in part were located within Frost Independent School District No. 131, organized pursuant to M.S.A. 1949, §§ 122.40 to 122.57, commonly known as the school district reorganization act. School District No. 131 and others appealed to the district court, which affirmed the order of the county board. On appeal to this court from an order denying its alternative motion for amended findings or a new trial, appellants contend that the county board lacked jurisdiction to form a new school district from lands situated within a school district organized under the reorganization act.
Based on the decision in Bricelyn School Dist. v. Board of Co. Commrs. 238 Minn. 53, 55 N.W.2d 597, filed herewith, the order of the district court is reversed.
Reversed and remanded with directions to enter judgment for appellants.