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McKENZIE COUNTY, ETC. v. STATE BD. OF PUB., ETC.

Civ. No. 10016.

311 N.W.2d 167 (1981)

In the Matter of the Appeal From an Order of the State Board of Public School Education of the State of North Dakota Approving a Petition for Annexation of a Part of Killdeer Public School District No. 16, McKenzie and Dunn Counties, to McKenzie County Public School District No. 1, McKenzie County, North Dakota. McKENZIE COUNTY SCHOOL DISTRICT NO. 1, Plaintiff and Appellant, v. STATE BOARD OF PUBLIC SCHOOL EDUCATION of the State of North Dakota, Allen I. Olson, Attorney General of the State of North Dakota, and Killdeer Public School District No. 16, Defendants and Appellees.

Supreme Court of North Dakota.

October 15, 1981.

Attorney(s) appearing for the Case

Gierke Law Office, Watford City, for plaintiff and appellant; argued by Kent M. Morrow, Watford City.

Rick D. Johnson, Asst. Atty. Gen., Bismarck, argued, for defendants and appellees.

ERICKSTAD, Chief Justice.

This is an appeal from a judgment of the District Court of McKenzie County affirming an order of the State Board of Public School Education (functioning as the State Committee for Reorganization of Public School Districts under Section 15-53.1-10, N.D.C.C.) approving the annexation of certain lands to McKenzie Public School District No. 1. We reverse.

On November 27, 1979, a petition was filed, under Article II of Chapter 15-53.1...

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