BOARD OF SATANTA v. GRANT COUNTY PLANNING BOARD

No. 44,232

195 Kan. 640 (1965)

408 P.2d 655

BOARD OF SATANTA JOINT RURAL HIGH SCHOOL DISTRICT No. 2, WILLIAM H. HELTON and WAYNE LAHEY, Appellants, v. THE GRANT COUNTY PLANNING BOARD and ADEL THROCKMORTON, State Superintendent of Public Instruction, Appellees.

Supreme Court of Kansas.

Opinion filed December 11, 1965.


Attorney(s) appearing for the Case

Dale M. Stucky, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Donald R. Newkirk, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, Willard B. Thompson and David W. Buxton, all of Wichita, Eugene L. Smith and Harold K. Greenleaf, Jr., both of Liberal, and Homer V. Gooing and Hugo T. Wedell, of Counsel, both of Wichita, were with him on the briefs for the appellants.

E.F. Russell, of Ulysses, argued the cause, and Robert C. Londerholm, Attorney General, and J. Richard Foth, Assistant Attorney General, both of Topeka, were with him on the briefs for the appellees.


The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment in a mandamus action refusing to compel the State Superintendent of Public Instruction to issue an order transferring territory under the provisions of the Unified School District Act, K.S.A. 72-6743.

The act provides, insofar as material here, one planning unit for each county (K.S.A. 72-6736) and, recognizing that there...

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