School District No. 94 v. Thompson
North Dakota Supreme Court
Appeal from District Court, Cass County, Okas. A. Pollock, J. From a judgment in defendants’ favor, plaintiff appeals. The petition must show that the territory proposed to be annexed is outside the limits of the special district, but adjacent thereto.
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Appeal from District Court, Cass County, Okas. A. Pollock, J. From a judgment in defendants’ favor, plaintiff appeals. The petition must show that the territory proposed to be annexed is outside the limits of the special district, but adjacent thereto. Laws, 1911, § 133, chap. 266; Redfield School Dist. v. Redfield Independent School Dist. 14 S. D. 229, 85 N. W. 180. It will not do to say that the board of education of the special school district found that the territory described in the petition was outside the limits of such district, but adjacent thereto. The petition itself must show such…
1Opinion of the CourtFisk, J.
Plaintiff school district seeks to perpetually enjoin the defendants, as members of the board of education of the village of Tower City, and the defendant, Addison Leach, as county auditor of Cass county, from doing any act looking to the transfer for school purposes of sections 6 and 7, the west half of section 5, and the west half of section 8, all in township 140 north of range 55 west, lying and being in Cass county, from plaintiff school district to the special school district of the village of Tower City. Such transfer was sought to be effected pursuant to § 133 of chapter 266, Laws of…
2Cases cited2 opinions
- Greenfield School District v. Hannaford Special School DistrictNorth Dakota Supreme Court · 1910
- Redfield School District No. 12 v. Redfield Independent School District No. 20South Dakota Supreme Court · 1901
3Cited by5 opinions
- Town of South Tucson v. Board of SupervisorsArizona Supreme Court · 1938
- Rural High School District No. 1 v. School District No. 58Idaho Supreme Court · 1921
- Thompson v. VoldNorth Dakota Supreme Court · 1917
- State ex rel. School District No. 94 v. TuckerNorth Dakota Supreme Court · 1918
- Lee v. ShideNorth Dakota Supreme Court · 1939