Tecumseh School District No. 7 v. Throckmorton

The opinion of the court was delivered by

Fatzeb, J.:

This was an action to enjoin the state superintendent of public instruction from carrying out duties under the act known as the School Unification Law, enacted by the 1963 regular session of the legislature.

The 148 plaintiffs are school districts of various types located in many counties of the state. The plaintiffs challenged the constitutionality of Chapter 393 of the 1963 Laws of Kansas which is now K. S. A. 72-6734 et seq. The district court held this act to be constitutional and valid. The plaintiffs appealed to this court, and because…