Parents of minor school children filed petition for writ of mandamus seeking to compel school district board of trustees and superintendents to approve, build, and staff a rural school on their family ranch, which was located over 40 miles from the nearest paved road.
The District Court granted defendants’ motion to dismiss and denied the writ. Parents appealed.
The Supreme Court held that:
- Statute pertaining to reconfiguration of grades in school district did not establish a ministerial duty that would support mandamus relief;
- Parents did not have right to require school district to build school under statute allowing them to request transportation or maintenance payments; and
- Parents did not have constitutional right enforceable through mandamus to compel school district to build the school.