Schur v. Rural High-school District No. 1

Citations

• 112 Kan. 421
• 210 P. 1105
• 1922 Kan. LEXIS 462

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Rural High-school District — When Organization May Be Questioned by Private Individuals. It is no justiciable concern of private litigants that there may be an infirmity in the organization of a rural high-school district, such infirmity being a matter of which the state alone may complain, at the instance of its authorized public officers;'but when such defect or infirmity in the organization of the district likewise affects a proposed issue of bonds which was authorized simultaneously with the proceedings to organize the district, an action involving the same facts may be maintained by private litigants to enjoin such illegal-bond issue and consequent assessments and tax levies, under section 265 of the civil code.</p> <p>2. Same — Proposition to Establish Rural Iligh-school District — Notice oj Election Must Define Territory to be Included. Under chapter 284 of the Session Laws of 1917, when a petition of legal electors is presented to the board of county commissioners requesting the calling of an election on the proposition to establish a rural high-school district and on the proposition to issue bonds of the proposed district to build a schoolhouse and purchase a site, it is essential that the publication notice of the election shall define the territory to be created into such rural high-school district and to be subjected to assessment and taxation for the payment of the bond issue, so that the electors concerned may be duly apprised of their interest in such election; and where the notice of the election contains a discrepancy affecting 400 acres of the territory proposed to be subjected to the bond issue’, such notice is so materially defective as to vitiate the bond election held pursuant thereto.</p> <p>3. Same — Election—Establishing Rural High-school District — Form of Ballot Legally Sufficient. At an election called to vote on the proposition to establish .a rural high-school district and on the proposition to issue