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FRUIT v. METROPOLITAN SCHOOL DISTRICT, ETC.

No. 30,005.

241 Ind. 621 (1961)

172 N.E.2d 864

FRUIT ET AL. v. METROPOLITAN SCHOOL DISTRICT OF WINCHESTER-WHITE RIVER TOWNSHIP ET AL.

Supreme Court of Indiana.

Order reinstating opinion of March 9, 1961.

Filed May 8, 1961.

Attorney(s) appearing for the Case

Robert C. Oliver, of Winchester, and Albert A. Abromson, of Portland, for appellants.

John T. Cook, Mendenhall, Hunter & Stohler, and Zane E. Stohler, all of Winchester, for appellees.

ARTERBURN, J.

The appellants filed an action for a declaratory judgment under § 3-1101 (Burns' 1946 Repl.) in two paragraphs. The first paragraph of the amended complaint asked that the School Reorganization Act of 1959 (Ch. 261, Acts 1959) be declared invalid because of the alleged unconstitutional delegation of legislative authority. The second paragraph of the amended complaint asked that the legislature which passed the Acts of 1959 be declared a de facto...

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