Legal Opinion · Dissent

Carroll County Board of Education v. County School District No. 1

Supreme Court of Arkansas

Decided October 23, 1967No. 5-4306Published

1DissentJohn A. Fogleman, Justice

County School District No. 1 of Carroll County came into being by operation of Section 1 of Initiated Act No. 1 of 1948 [Ark. Stat. Ann. § 80-426 (Repl. I960)]. It is clear to me that the trial court was in error in holding that the County Board of Education had no power to annex territory from the district to other districts under the provisions of this act (Ark. Stat. Ann. § § 80-426 to 80-429). This authority could be exercised at any time after June 1, 1949. Appellees’ contention that this could not be done after this election of directors in the district is contrary to the act itself.…

2Cases cited7 opinions

  1. Stroud v. FryarSupreme Court of Arkansas · 1949
  2. Bledsoe v. McKeowenSupreme Court of Arkansas · 1930
  3. Priest v. MooreSupreme Court of Arkansas · 1931
  4. Milsap v. HollandSupreme Court of Arkansas · 1931
  5. School District No. 26 v. School District No. 32Supreme Court of Arkansas · 1928

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