State Ex Rel. School District No. 8 v. Lensman

I think the foregoing opinion is demonstrably unsound. It must be conceded that under our statutes before a joint school district can be created, there must be concurrent action on the part of the county superintendents of the several counties affected. That is the plain language of section 1035, Revised Codes. Also, on appeal to the county commissioners of the several counties concurrent action of the several boards of county commissioners is required. (Sec. 1037.2.) Here the facts are that on the appeal the board of county commissioners of Missoula county voted unanimously for the creation…