Linnens v. Board of Education of USD No. 408

Foth, C.J.:

This is a school closing case, brought as a class action by residents of Unified School District No. 408, Marion County, Kansas, against the district’s Board of Education. Plaintiffs sought to enjoin the implementation of a resolution which by its terms merely reassigned students, but which had the effect of closing a building in Florence, Kansas, which had housed an elementary school. The question is whether an injunction action will lie, or whether plaintiffs’ sole judicial remedy was an appeal under K.S.A. 1978 Supp. 60-2101(d).

The Board’s resolution was in apparent response to…