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· 6/10/1922

State ex rel. Wheeler v. Board of Education

Citations

  • 111 Kan. 598
  • 207 P. 764
  • 1922 Kan. LEXIS 302

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Annexation of School District — Adjacent to a Consolidated Union School District — Statute Construed. The provisions of chapter 230, Session Laws of 1921, regulating the manner in which a school district contiguous to a consolidated or union district “already established under the act of 1911,” might become a part of such consolidated district, is held to apply to a consolidated or union district already in existence at the time chapter 275, Laws of 1911, was enacted, the expression “already established” as used in section 1 of the act of 1921 being construed to mean putting in a settled or an efficient state or condition an existing legal organization. (Armstrong v. George, 84 Kan. 248, 114 Pac. 209.)</p> <p>2. Same — Provision of Statute Ignored — Annexation Void. In an action attacking the validity of proceedings by which it was attempted to consolidate a school district with a union district which had been in existence since 1908, it is held that the failure to comply with the requirements of chapter 230 of the Session Laws of 1921 rendered the proceedings void.</p>

Judges: Porter

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