Legal Opinion · Dissent

Kirby v. HOVEN SCHOOL DISTRICT NO. 53-2

South Dakota Supreme Court

Decided September 1, 2004No. NonePublished

1DissentSabers, Justice

[¶ 28.] The petition for a minor boundary change from the Hoven School District met all of the requirements of the South Dakota statutes5 and all of the key factors of recent South Dakota cases on minor boundary changes. Despite that, the Ho-ven School District, for economic and improper reasons, denied the petition arbitrarily, capriciously and unreasonably. The circuit court committed reversible error by affirming the improper reasoning and focusing on the economic position of the Hoven School District instead of the children, parents and factors approved in Johnson v. Lennox School…

2Cases cited5 opinions

  1. Kellogg v. Hoven School District No. 53-2South Dakota Supreme Court · 1991
  2. Nelson v. Deuel County Board of EducationSouth Dakota Supreme Court · 1964
  3. Smith v. CANTON SCHOOL DIST. NO. 41-1South Dakota Supreme Court · 1999
  4. Johnson v. Lennox School District No. 41-4South Dakota Supreme Court · 2002
  5. McLaughlin School District 15-2 Ex Rel. Board of Education v. KostersSouth Dakota Supreme Court · 1989

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