Legal Opinion · Concurrence

Swan Lake Consolidated School District v. Consolidated School District

Supreme Court of Iowa

Decided May 5, 1953No. 48197Published

1ConcurrenceHays, J.

(specially concurring) — While I agree with the ’result reached in the majority opinion, I cannot agree with the legal principle announced therein.

Fundamentally, this appeal presents but one proposition, a legal one. The question is: Where an existing independent consolidated school district desires to extend the limits of, or add territory to, such district, as provided for in section 274.27, Code of 1950, does chapter 276, Code of 1950, provide the sole procedure for attaining such extension ? The majority opinion says yes. With this I must respectfully disagree.

As stated in the majority…

2Cases cited14 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Cook v. Consolidated School DistrictSupreme Court of Iowa · 1949
  3. State ex rel. Phillips v. Fidelity & Casualty Co.Supreme Court of Iowa · 1889
  4. Whitmire v. Cass, MayorSupreme Court of South Carolina · 1948
  5. Chambers v. HouselSupreme Court of Iowa · 1930

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