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KUHRT v. SULLY COUNTY BOARD OF EDUCATION

No. 10722.

176 N.W.2d 479 (1970)

Bernell KUHRT, Plaintiff and Appellant, v. SULLY COUNTY BOARD OF EDUCATION, Sully County, South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

April 14, 1970.

Attorney(s) appearing for the Case

Neumayr & Jones, Gettysburg, for plaintiff and appellant.

Francis M. Ryan, State's Atty., of Sully County, Onida, Ramon A. Roubideaux, Ft. Pierre, for defendant and respondent.

ROBERTS, Presiding Judge.

The question involved on this appeal is whether a statutory requirement of a majority of the electors in a school district or districts for approval of a plan to create a superimposed high school district contemplates a majority of the votes cast or of the entire electorate.

SDCL 13-6 governs school district reorganization. The statutory provisions which apply to the question before us are as follows:

"13-6-50. Approval required...

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