State ex rel. Calouri v. Stratton
State ex rel. Calouri v. Stratton
Opinion of the Court
School district No. 24, of Pacific county, petitioned the county school superintendent of that county to “change the boundaries of school districts Nos. 6-14-24-29,” by incorporating in and making a part of the petitioning district certain described territory then forming a part of the other school districts named, which districts partially surrounded and abutted upon the petitioning district. The territory petitioned to be set over was described by sections according to the government surveys. It formed, however, a contiguous body of land. The application was set for hearing, and notice thereof given to the districts interested by the county superintendent. At the hearing, representatives of all of the school districts named appeared, and evidence was heard as to the necessity and advisability of making a transfer, at the conclusion of which the superintendent took the matter under advisement. Some days later she rendered a decision, finding it to be to the public interest that a portion of the territory described in the petition, and forming a part of districts Nos. 14 and 29, be transferred to district No. 24, and that a tier of sections, six in number, extending across the southern boundary of district No. 14, not described in the petition, be likewise transferred, and entered an order accordingly.
District No. 14, feeling aggrieved at the part of the order transferring the territory not included in the petition, appealed from that part of the order to the board of county commissioners of Pacific county. The superintendent, in response to the notice of appeal, made return of her proceedings to the board of county commissioners, and that body, at its next ensuing session, but without notice to the appellant or any of the other parties interested, entered an order approving the action of the superintendent. School district No. 14 thereupon sued out a writ of certiorari in the
The first contention made by the appellants’ counsel. is that the court erred in overruling the motions to quash the writ. The grounds upon which the contention is based are not quite the same with respect to the two appellants. The contention with respect to the board of county commissioners is founded upon §§ 4707 and 4434 of Rem. Code. By § 4707 it is provided that appeals from the decisions or orders of the county superintendent, when relating to the territory or boundaries of school districts, shall be taken to the board of county commissioners of the county wherein the territory lies, and § 4434 provides that the decision of the board of county commissioners on the appeal shall be final. The argument is that the legislature has the power to prescribe in what tribunal the final determination of questions of this sort shall rest, and
The assignment that the court erred in overruling the motion of the county superintendent to quash the writ is based upon two grounds: first, that there was an adequate remedy by appeal; and second, that the
The remaining question is whether the county superintendent exceeded her powers when she transferred to the petitioning district territory not described in the petition for the transfer. It is doubtless true that the county superintendent, when acting upon a petition of this sort, may exercise some degree of discretion. He
We think the trial court rightly adjudged that the county superintendent exceeded, her powers, and its judgment will stand affirmed.
Holcomb, C. J., Mount, Parker, and Bridges, JJ., concur.
Reference
- Full Case Name
- The State of Washington, on the Relation of F. Calouri v. J. T. Stratton
- Cited By
- 1 case
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- Published
- Syllabus
- Statutes (62)—Construction — Conflicting Sections. Rem. Code, § 4711, of the school code, being later in time, controls earlier sections in the same code, so far as there is conflict. Schools and School Districts (11)—Boundaries—Alteration— Review of Decision. Under Rem. Code, § 4711, of the school code, providing that decisions on appeal by the county commissioners shall be final unless set aside by a court of competent jurisdiction in an action brought to review the same, certiorari lies to review decisions on appeal from the county superintendent, notwithstanding the earlier section 4707 provides that decisions on appeal by the board shall be final. •Same (11). Under Rem. Code, § 4707, providing for appeals from decisions of the county superintendent to the county commissioners, and § 4711, providing for review by the courts of the latter, appeal lies to the board from the school superintendent, and certiorari lies to the courts from the board but not from the school superintendent. Same (7-1-9) — Boundaries—Alteration—Petition — Requisites. Upon petition to the county school superintendent for a change of school district boundaries, the superintendent cannot radically depart from the petition and transfer from one district to another territory not described in the petition, except as necessary to correct the descriptions.