Owendale-Gagetown School District v. State Board of Education

Blair Moody, Jr., J.

(dissenting). We respectfully dissent from the opinion of the Court. This case involves a citizen-initiated transfer of property between two adjacent school districts. Section 461 of the School Code of 1955,1 replaced by § 951 of the School Code of 1976 which is substantially the same, requires approval by the voters of a *13school district whenever more than ten percent of the taxable valuation of property in that district is to be detached from the district and transferred to an adjacent district. The issue presented is whether the ten percent requirement applies to each…