Legal Opinion

State ex rel. Flaten v. Independent School District

Supreme Court of Minnesota

Decided October 10, 1919No. 21,436PublishedCited by 14 opinions

Upon the relation of O. P. Flaten and others the district court for Chippewa county granted its writ of certiorari to review the proceedings for the consolidation of Independent School District of Granite Falls and School District No: 21 of Chippewa county. The matter was heard before Qvale, J., who made findings and quashed the writ. From the judgment entered pursuant to the order quashing the writ, relators appealed.

1Opinion of the CourtHallam, J.

Certiorari to review a proceeding for the consolidation of two school districts in the city of Granite Falls. The proceeding was under chapter 453, p. 757, Laws of 1917. The statute was followed, and if the statute is valid the consolidation proceeding is valid. The contention is that the statute violates section 33, article 4, of the state Constitution which prohibits local or special legislation “regulating the affairs of * * * any * * * school district” and that it is void.

The pertinent language of the statute is:

“When an incorporated village or a city of the fourth class contains two or…

2Cases cited5 opinions

  1. State ex rel. Board of Courthouse & City Hall Com'rs v. CooleySupreme Court of Minnesota · 1893
  2. State ex rel. Douglas v. WestfallSupreme Court of Minnesota · 1902
  3. State ex rel. Anderson v. SullivanSupreme Court of Minnesota · 1898
  4. Marwin v. Board of Auditorium CommissionersSupreme Court of Minnesota · 1918
  5. State ex rel. Roche v. RogersSupreme Court of Minnesota · 1906

3Cited by14 opinions

  1. Visina v. FreemanSupreme Court of Minnesota · 1958
  2. In Re TvetenSupreme Court of Minnesota · 1987
  3. Minneapolis Gas Co. v. ZimmermanSupreme Court of Minnesota · 1958
  4. Hoff v. First State Bank of WatsonSupreme Court of Minnesota · 1928
  5. Williams v. RolfeSupreme Court of Minnesota · 1962

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