BRICKELL v. BOARD OF EDUCATION

No. 46,978

211 Kan. 905 (1973)

508 P.2d 996

BETTY A. BRICKELL; CHESTER EUGENE DAHARSH; PATRICIA M. FINNEY; SHIRLEY J. JOHNSON; IMOGENE KEARNS; J. FRANK LANDWEHR; BERNARD A. LEE; and LEO RATHKE, Appellants, v. Board of Education of Unified School District No. 251, North Lyon County, Kansas; LAWRENCE PARKS, MAX DAVIS, CLINTON DAVIES, FRANKLIN MYERS, RONALD GROTHER, BEN PRICE, and MELVIN STANFORD, as Members of the Board of Education of said Unified School District No. 251; Unified School District No. 251, Lyon County, Kansas; State Board of Education of the State of Kansas; JOHN W. FRAZIER, HAROLD H. GRIST, PAUL J. JONES, MRS. DOROTHY BALLARD, MRS. DOROTHY GROESBECK, MRS. CLARENCE CARLSON, WILL T. BILLINGSLEY, HARRY O. LYTLE, JR., KARL M. WILSON and WILLIAM A. BLACK, as Members of said State Board of Education of the State of Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed April 7, 1973.


Attorney(s) appearing for the Case

Roy U. Jordan, of Emporia, argued the cause and was on the brief for the appellants.

Elvin D. Perkins, of Emporia, argued the cause and Duane D. Guy, of Emporia, was with him on the brief for appellees, Unified School District No. 251, Board and Members.

John C. Johnson, Assistant Attorney General, argued the cause, and Vern Miller, Attorney General, and Erle W. Francis, Assistant Attorney General, were with him on the brief for appellees, State Board of Education and Members.


The opinion of the court was delivered by

KAUL, J.:

This action concerns the closing of an attendance facility known as the Elementary School in Americus. Plaintiffs-appellants are resident electors of the attendance center served by the facility. The attendance center is a part of Unified School District No. 251, North Lyon County. Appellants instituted the action to enjoin the closing of the attendance facility by the Board of Education of Unified School...

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