In Re Transfer Territory From Dutton/Brady K-12 School District No. 28C to Conrad High School & Elementary Districts No. 10
2011 MT 152
| Mont. | 2011Background
- Petition to transfer territory from Dutton/Brady K-12 School District No. 28C to Conrad High School and Elementary District No. 10 filed November 2009.
- Subject territory comprises about 90% of the former Brady District; approximately 36 school-age children reside there.
- Dutton-Brady did not consent; petition referred to a three-member panel of county superintendents for decision.
- Public hearing held January 5, 2010; panel allowed amendment and, on February 22, 2010, denied the amended petition 2-1.
- District Court affirmed; Conrad Schools appealed, challenging the denial as an abuse of discretion under § 20-6-105 MCA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the panel abused its discretion in denying the territory transfer. | Conrad contends the panel erred by weighting tax effects and majority benefits over overall student interests. | Conrad Schools argues the panel properly weighed education, transportation, tax implications, and best interests of all students. | No abuse; district court affirmed; panel's decision upheld. |
Key Cases Cited
- Pennaco Energy, Inc. v. Mont. Bd. of Envtl. Rev., 2008 MT 425, 347 Mont. 415, 199 P.3d 191 (Mont. Supreme Court, 2008) (abuse of discretion and review standards in administrative decisions)
- In re Marriage of Guffin, 2010 MT 100, 356 Mont. 218, 232 P.3d 888 (Mont. Supreme Court, 2010) (abuse of discretion standard; definitions of arbitrariness and reasonableness)
- Silva v. City of Columbia Falls, 258 Mont. 329, 852 P.2d 671 (Mont. Supreme Court, 1993) (definition of arbitrariness and reasonableness in administrative decisions)