Cox Chapel School District No. 4 of Atchison County v. Atchison County Superintendent of Schools

MORGAN, Judge.

This is an action for injunctive relief. The appeal was first considered by our Supreme Court as reported in 426 S.W.2d 913 and that court, after disposition of those constitutional questions sought to be raised, transferred the case to this court with the admonition that, “ * * * the only question properly presented by this appeal is whether or not the trial court erroneously dismissed plaintiffs’ petition on the ground that the organization of the new district had been concluded and therefore quo warranto was the only procedure whereby the question of the validity of the…