ANNEXATION - NORTH DAKOKA

New Public School Dist. No. 8 v. State Bd. of Public School Educ.

Supreme Court of North Dakota - August 17, 2016 - N.W.2d - 2016 WL 4379223 - 2016 ND 163

School district appealed State Board of Public School Education’s decision approving annexation of certain real properties to another school district.

The Northwest Judicial District Court affirmed the Board’s decision, and school district appealed.

The Supreme Court of North Dakota held that eligibility requirements for annexation by a school district were met when the annexations became effective, even though the real properties to be annexed were not contiguous with the school district at the time the annexation petition was heard.

Statutory eligibility requirements for annexation by a school district were met when the annexations became effective, even though the real properties to be annexed were not contiguous with the school district at the time the annexation petition was heard. The properties to be annexed were contiguous to other property which was contiguous to the school district, to which annexation had previously been approved, and annexation of all of the properties became effective on the same date.



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