School District No. 35 v. Holden
Oregon Supreme Court
From Tillamook: Webster Holmes, Judge. Statement by Mr. Justice Burnett. In this suit Sebool District No. 35 of Tillamook County, complaining and styling itself a municipal corporation, describes its own boundaries, as well as those of two other school districts of that county, and alleges the official station of the defendant, J. C. Holden to be that of county clerk, and the other defendants county judge, commissioners and county school superintendent, composing the…
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From Tillamook: Webster Holmes, Judge. Statement by Mr. Justice Burnett. In this suit Sebool District No. 35 of Tillamook County, complaining and styling itself a municipal corporation, describes its own boundaries, as well as those of two other school districts of that county, and alleges the official station of the defendant, J. C. Holden to be that of county clerk, and the other defendants county judge, commissioners and county school superintendent, composing the district boundary board on March 8, 1912. It further charges that this board, in pursuance of a petition and regular…
1Opinion of the CourtJustice Burnett
Section 4021, L. O. L., ordains a procedure to be observed in changing the boundaries of school districts, the details of which it is not necessary to rehearse, because no question was made at the argument that they were not observed in this instance. The sole contention presented by the plaintiff is that the district boundary board, deriving its powers, as it does, from the legislative assembly, has no authority to change the boundaries of a school district, because that is tantamount to the amendment of the charter of a municipality within the inhibition of Section 2, Article XI, of the…
2Cases cited9 opinions
- State v. Port of TillamookOregon Supreme Court · 1912
- Kiernan v. PortlandOregon Supreme Court · 1910
- Thurber v. McMinnvilleOregon Supreme Court · 1912
- City of McMinnville v. HowenstineOregon Supreme Court · 1910
- Mckeon v. City of PortlandOregon Supreme Court · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Board of Directors of Northern Wasco County People's Utility District v. KellyOregon Supreme Court · 1943
- Hansell v. DouglassOregon Supreme Court · 1963
- State Ex Rel. Cutlip v. Common CouncilOregon Supreme Court · 1943
- Donaldson v. Lane County Local Government Boundary CommissionCourt of Appeals of Oregon · 1988
- State v. School District No. 3Oregon Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.