New Public School District 8 v. State Board of Public School Education
2016 ND 163
N.D.2016Background
- On January 21, 2015, the State Board approved annexation of Halliburton Energy Services property to the Williston School District, which was adjacent to Williston.
- In February 2015, Kristi and Derek Gutierrez and Sharyn Silverio petitioned to annex their New Public School District properties to Williston, though those properties were not contiguous to Williston at that time.
- The Halliburton annexation had been approved earlier and was to become effective on July 1, 2015.
- A Williams County Reorganization Committee hearing on March 26, 2015 involved testimony from the Gutierrez family and the New Public School District superintendent, with the committee noting factors supporting annexation.
- On May 18, 2015, the State Board held a hearing and granted final approval for the Gutierrez-Silverio petition, finding several factors supportive and noting contiguity as of the effective date.
- New Public School District appealed to challenge contiguity requirements, and the district court affirmed the State Board’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether contiguity must exist at hearing or upon annexation’s effectiveness | Gutierrez: contiguity required at hearing | State Board: contiguity assessed at effectiveness date | Contiguity required at effectiveness date; satisfied here |
Key Cases Cited
- Power Fuels, Inc. v. Elkin, 283 N.W.2d 214 (N.D. 1979) (standard of review for agency findings)
- In re Lewis & Clark Pub. Sch. Dist. #161, 2016 ND 41 (N.D. 2016) (agency decision review framework)
- Woody v. Pembina Cty. Annual Fair and Exhibition Ass’n, 2016 ND 56 (N.D. 2016) (statutory interpretation and plain meaning)