Spiking School District No. 71 v. Purported "Enlarged School District R-II

Action for a declaratory judgment to test the validity of the consolidation of certain school districts under sections 165.657, 165.707 RSMo 1949. Defendants filed motions to dismiss and assigned as grounds for dismissal that the petition failed to state facts upon which relief could be granted and stated no proper grounds for relief by a declaratory judgment action. The motions were sustained and plaintiffs’ petition was dismissed. Plaintiffs have appealed.

This case was first heard in Division Two of this Court where an opinion was prepared, but failed to get a carrying vote. The case *857was…