Legal Opinion

Wood v. Independent School District No. 2

Idaho Supreme Court

Decided April 29, 1912PublishedCited by 12 opinions

APPEAL from the District Court of tbe Second Judicial District for Lewis County. Hon. E. C. Steele, Judge. Action to determine the legality of School District No. 33, created out of Independent School District No. 2. The board of county commissioners has no jurisdiction to change the boundaries of an independent school district. (Bowen v. King, 34 Vt. 156; Whitmire v. State ex rel. Vaughan (Tes. Civ.

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APPEAL from the District Court of tbe Second Judicial District for Lewis County. Hon. E. C. Steele, Judge. Action to determine the legality of School District No. 33, created out of Independent School District No. 2. The board of county commissioners has no jurisdiction to change the boundaries of an independent school district. (Bowen v. King, 34 Vt. 156; Whitmire v. State ex rel. Vaughan (Tes. Civ. App.), 47 S. W. 293; State v. Browning, 28 N. J. L. 556; Nichlaus v. Goodspeed, 56 Or. 184, 108 Pac. 136.) A school district has no such vested rights as to prevent a change of its boundaries…

1Opinion of the CourtStewart, C. J.

A petition signed by J. J. Wood and others, parents and guardians of ten or more children of school age, who were residents of the proposed new school district, was presented to the board of county commissioners of Lewis county, Idaho, praying a creation of a common school district out of territory within Independent School District No. 2 of Lewis county, Idaho. The board of county commissioners granted the prayer of such petition and created ‘ ‘ Common School District No. 33 within and out of a part of said Independent School District No. 2 of Lewis county, Idaho,” and thereby changed the…

2Cases cited3 opinions

  1. Barton v. SchmershallIdaho Supreme Court · 1912
  2. Idaho Mutual Co-operative Insurance v. MyerIdaho Supreme Court · 1904
  3. Greathouse v. HeedIdaho Supreme Court · 1873

3Cited by12 opinions

  1. Oregon Short Line R. R. Co. v. PfostIdaho Supreme Court · 1933
  2. State v. BowmanIdaho Supreme Court · 1925
  3. State v. TenintyIdaho Supreme Court · 1949
  4. Rural High School District No. 1 v. School District No. 37Idaho Supreme Court · 1919
  5. Weaver v. RambowIdaho Supreme Court · 1923

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