McRell v. Jackson

Mr. PRESIDING JUSTICE STOUDER,

concurring in part and dissenting in part:

I agree with the majority’s position that the closing of two schools is a legitimate area of public concern and that the board was under a duty to hold an election pursuant to the petition. I cannot join in their decision to affirm the trial court and disagree with their reasons for doing so. Mandamus was and still is appropriate and should be granted.

Having first decided that the school board was under a duty to hold the election, a conclusion with which I agree, the majority proceeds to hold the action of the trial…