Redfield School District No. 12 v. Redfield Independent School District No. 20

Citations

• 14 S.D. 229
• 85 N.W. 180
• 1901 S.D. LEXIS 2

Syllabus

<p>1. Where adjacent territory has been annexed to a city for school purposes by its board of education, under Laws 1887, Chap. 47, § 122, authorizing the same when a majority of the electors of the territory make application therefor, it will be presumed, in the absence of proof to the contrary, that the board’s finding to the effect that the application was made by a majority of the electors within the territory was based on competent proof.</p> <p>2. Under Laws 1887, Chap. 47, §§ 20, 32, 33, giving county superintendents general supervision of schools, except those of independent districts, with authority to entertain appeals from decisions of school township boards, a county superintendent has no power to review the action ol the school board of an independent school district in. annexing adja- • cent territory as provided by Section 122, authorizing such boards to annex adjacent territory on the application of a majority of the electors in the territory.</p> <p>3. The fact that the extreme boundary of contiguous territory is a fraction over two miles from the limits of an independent school district does not deprive its school board of jurisdiction to annex such territory for school purposes, under the authority conferred by Laws 1887, Chap. 47, § 122.</p> <p>4. The fact that officers of an independent school district have acquiesced for eight years in a void decision of the county superintendent, holding that its school board had no power to annex adjacent territory under laws 1887, Chap. 47, § 122, authorizing the same to be done, does not estop the district from claiming under the order of annexation made by the board.</p>