State Ex Rel. Glenn v. Bennett

Relator here seeks a writ of mandamus requiring the respondent, a county superintendent of schools, to create a new school district from an existing school district. The trial court denied the writ. Relator appeals. We affirm.

Relator’s action is based on the provisions of section 79-402, R. S. Supp., 1951, which became effective March 24, 1951. So far as material here it provides: “The county superintendent shall create a new district from other districts, or change the boundaries of any district upon petitions signed by fifty-five per cent of the legal voters of each district affected. * * *…