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ALLELY v. BOARD OF EDUCATION IN AND FOR MILLS COUNTY

No. 50354.

110 N.W.2d 410 (1961)

Cliff ALLELY, Keith Bruce, Mark Bowen, Ruel Harold, Ray Granteer, W. E. Granteer, James Kelley, Ray Kelley, Otto Mitchell, Wendell Kelley, Wilber Williams, Otha D. Wearin, Ellsworth Smith, George Van Meter, Plaintiffs-Appellants, v. BOARD OF EDUCATION IN AND FOR MILLS COUNTY, Defendant-Appellee, The Malvern Community School District of Mills County, Iowa, Intervenor-Appellee, Marion Wilson, Intervenor-Appellee, Fred W. Pierce, Intervenor-Appellee.

Supreme Court of Iowa.

August 15, 1961.

Attorney(s) appearing for the Case

Hogzett & Burgett, Oakland, and Smith, Peterson, Beckman & Willson, Council Bluffs, for plaintiffs-appellants.

Glen M. McGee, County Atty., Glenwood, for defendant-appellee.

Cook & Drake, Glenwood, for intervenor-appellee Malvern Community School District.

LARSON, Justice.

Plaintiffs, as residents in remnant school districts, each of which contained less than four government sections of land, brought this suit in equity to enjoin the Board of Education in and for Mills County, Iowa, from attaching said remnant districts to the reorganized Malvern Community School District.

Pursuant to trial to the court on pleadings and a stipulation of facts, a permanent injunction was denied, the temporary injunction dissolved...

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