SCHOOL DIST. NO. 39 OF SARPY CTY. v. Farber

This action was commenced by Robert Bundy and School District No. 39 of Sarpy County, Nebraska, as a suit to enjoin the defendant superintendent of schools of Sarpy County, Nebraska, from dissolving school district No. 39 and attaching the territory in district No. 39 to the Gretna School District. Since no question was raised as to the standing of either plaintiff to bring the action, for the purpose of this opinion we assume standing.

In an order on August 24, 1982, the trial court stated that the plaintiffs’ first amended petition would be considered ‘‘a petition in error.” At the hearing…