State v. Thaanum
State v. Thaanum
Opinion of the Court
— This is a proceeding in the nature.of quo warranto, brought by the prosecuting attorney of Snohomish county to inquire into the validity of the organization of consolidated school district No. 105, therein. A demurrer was interposed to the information which the trial court sustained. Thereafter an order of dismissal was entered, and this appeal is prosecuted therefrom.
The petition sets forth that the consolidated district was attempted to be formed out of the territory of school district No. 20, and school district No. 30, in Snohomish county, and is illegal and void because these districts at that time formed units in separate union high school districts; the former forming a unit in union high school district No. 103, and the latter forming a unit in union high school district No. 100. Whether school districts thus situated can be lawfully consolidated, is the sole question presented by the record.
The formation, consolidation'and regulation of schools and
The judgment is reversed, and. the cause remanded with instructions to overrule the demurrer and proceed to a hearing of the information on its merits.
Crow, C. J., Main, Ellis, and Morris, JJ., concur.
Reference
- Full Case Name
- The State of Washington, on the Relation of Ralph C. Bell v. James Thaanum
- Status
- Published
- Syllabus
- SCHOOLS AND SCHOOL DISTRICTS •— CONSOLIDATION OE DISTRICTS-Statutes — Construction. School districts forming units in separate union high school districts cannot be consolidated, under Rem. & Bal. Code, §§ 4440 to 4459, in view of the fact that such a consolidated district, being a new and distinct entity, would render uncertain the provisions of §§ 4460-4469, relating to high school districts.