Graves v. Jasper School Township

Citations

• 2 S.D. 414
• 50 N.W. 904
• 1892 S.D. LEXIS 4

Syllabus

<p>1. A resident and tax payer of a sub-school district, who lives only one half mile from a legally located school house in said sub-district, and who has children of school. ago to send to school, and whose taxes will be materially increased by a removal of the school house two and one-half miles further from his residence, has such an individual interest in the subject matter, not common with all other residents and tax-payers of such sub-district, as gives him the right to invoke a court of equity to restrain the illegal acts of residents or of the township school board in ■ such proposed removal.</p> <p>2. A school house having been located and built in accordance with law, can only be removed from that locality upon a vote of a majority of the electors of the subdistrict in which it is situated. To make such a removal, or attempt to make it without that vote being taken and so declared, is without the solemn sanction of the electors, and is illegal and unlawful.</p> <p>(Syllabus by the Court.</p>