School district filed suit against neighboring school district seeking to recover pro rata distribution of funds arising from their shared trust property.
The Chancery Court entered judgment for plaintiff school district. Both sides appealed.
The Supreme Court, en banc, held that statute governing schools’ division of revenue collected from shared townships was a condition precedent, not a statute of limitations.
Statute governing the manner in which revenue from shared townships was to be administered to school districts, which stated that “any school district failing to timely provide the list to the superintendent of the custodial school district shall forfeit its right to such funds” was not a statute of limitations that established a time limit for bringing a lawsuit; rather, it was a condition precedent school districts were required to fulfill.