State ex rel. Hopkins v. Board of County Commissioners

Citations

• 106 Kan. 514
• 188 P. 221
• 1920 Kan. LEXIS 595

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. School Districts — Changing Boundaries — Appeal to County Commissioners — Qualification of Commissioner to Act. A county commissioner is not disqualified from acting on an appeal from an order of the county superintendent changing the boundaries of school districts, by reason of the fact that the commissioner owns property affected by the change of' boundaries. ■</p> <p>2. Same — Appeal Not Disposed of. Such an appeal is not .disposed of by the.action of two members, of the board of county commissioners, where one of them votes in favor of sustaining the appeal and the other votes against it.</p> <p>S. Same — When County Commissioners Must Act on Appeal. When such an 'appeal has been taken it must be heard by the board of county commissioners, and if the appeal is not determined at the first regular meeting of the board after it is filed, it may be determined at a subsequent meeting on proper notice.</p> <p>4. Same — State a Proper Party to Maintain Action. The state can maintain an action to compel a board of county commissioners to act on such an appeal.</p>