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133 Kan. 638

Fortune v. Hooven

Supreme Court of Kansas

Decided August 31, 1931

Supreme Court of Kansas · decided 1931-08-31

Cited by 3 later decisions — most recently November 1949

3 state decisions

Relies on School District No. 38 v. Rural High School District No. 6 · Bealmear v. Hildebrand · Scamahorn v. Perry

Good law ✅— No negative treatment on recordhow we know

Decided 1931-08-31

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Per Curiam:

¶1In this action the plaintiffs seek to permanently enjoin the defendant from declaring the old districts disorganized. The elections for the consolidation of two rural high-school districts were held as provided by chapter 275 of the Laws of 1931, and the injunction is asked for on the ground that illegal votes were cast at the election. The trial court granted a temporary injunction, and from this order the defendant appeals.

¶2This court has repeatedly held that private persons have no standing to question the legality of proceedings to organize a rural high-school district, nor to enjoin public officers from acting on the result of elections establishing rural high-school districts. (Bealmear v. Hildebrand, 107 Kan. 419, 191 Pac. 263; Elting v. Clouston, 114 Kan. 85, 217 Pac. 295; School District No. 38 v. Rural High School District, 116 Kan. 40, 225 Pac. 732; Scamahorn v. Perry, 132 Kan. 679, 296 Pac. 347.)

¶3The judgment of the district court is reversed and it is directed to set aside the temporary injunction and dismiss the action.

Burch, Dawson and Hutchison, JJ., not participating.
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