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59 Colo. 96

Belier v. Wilson

Supreme Court of Colorado

Decided March 1, 1915

Supreme Court of Colorado · decided 1915-03-01

Hon. J. E'. Rizer, Judge. The question involved is the validity of taxes for the years 1912 and 1913, levied for a high school located at La Junta, in district number 11, Otero County. The trial court held the taxes valid.

Good law ✅— No negative treatment on recordhow we know

Decided 1915-03-01

How this case has been cited

Cited by 21 later decisions — most recently February 2009

19 state decisions

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Chief Justice Gabbert

¶1delivered the opinion of the court:

¶2The authority for levying the tax upon the property of plaintiff in error in district 9, is based upon the provisions of section 16, above quoted, which authorizes the county commissioners to levy a tax upon property in district 9, for the support of a school in district 11, without giving the electors of the former district any voice in the selection of those who manage and control the school at La Junta. This violates, both in letter and in spirit, article IX, section 15 of our state constitution, which is as follows:

“The general assembly shall, by law, provide for organization of school districts of convenient size, in each of which shall be established a board of education, to consist of three or more directors to be elected by the qualified electors of the district. Said directors shall have control of instruction in the public schools of their respective districts.”

¶3The judgment of the District Court is reversed and the *99cause remanded for further proceedings in harmony with this opinion.

Decided March 1, A. D. 1915.Behearing denied April 5, A. D. 1915.

¶4Judgment reversed.

¶5Decision en .banc.

Mr. Justice White not participating.
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