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INDEPENDENT SCH. DIST. NO. 581, EDGERTON v. MATTHEIS

Nos. 40184-40186.

147 N.W.2d 374 (1966)

INDEPENDENT SCHOOL DISTRICT NO. 581, EDGERTON, Minn., Appellant, Independent School District No. 582, Jasper, Minn., Plaintiff, v. Duane J. MATTHEIS, Commissioner of Education of Minnesota, Independent School District No. 670, Luverne, Minn., Independent School District No. 667, Hardwick, Minn., Harvey Eitreim, County School Administrator, Rock County, Minn., Ray Koehn, County Auditor, Rock County, Minn., Respondents.

Supreme Court of Minnesota.

December 16, 1966.

Attorney(s) appearing for the Case

Peterson & Popovich and James E. Knutson, St. Paul, for appellant.

Robert W. Mattson, Atty. Gen., Linus J. Hammond, Asst. Atty. Gen., St. Paul, for Comm. of Education.

Skewes & Vollmer, Luverne, for School Dist. 670 and 667.

Walter A. Tofteland, Luverne, for Eitreim & Koehn.

OPINION

OTIS, Justice.

Appellant seeks review of orders of the district court dismissing the complaint in a declaratory judgment action brought by it and another school district, as parties affected by a proposed school consolidation, to establish their right to "an agency hearing" before the commissioner of education.

In December 1964, an application was presented to the Minnesota Department of Education for approval of a plat consolidating Hardwick...

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