Fruit v. METROPOLITAN SCHOOL DISTRICT, ETC.

The appellants filed an action for a declaratory judgment under §3-1101 (Burns’ 1946 Repl.) in two paragraphs. The first paragraph of the amended complaint asked that the School Reorganization Act of 1959 (Ch. 261, Acts 1959) be declared invalid because of the alleged unconstitutional delegation of legislative authority. The second paragraph of the amended complaint asked that the legislature which passed the Acts of 1959 be declared a de facto body and that for that reason the particular reorganization act be declared null and void. A demurrer was sustained to each paragraph of the amended…