209 N.W. 2 | Minn. | 1926
The city of Owatonna constitutes one school district created by Sp. L. 1865, p. 164, c. 30. A change in the boundaries of the city automatically causes a like change in the boundary of the school district. In re Petition of Norrish,
This statute however shows what the legislature did when they intended to have a law apply to the situation now involved. The action of the legislature in making the provision in the one statute and not in the other indicates that they did not intend to have it apply in the latter. The governmental structure of the city and school district here involved contemplates that all territory in the latter shall constitute the territory of the former. It will not do to say that the county board may add the territory to some other district. That does not meet the requirement. Its future as to schools *301 must be imperatively provided. It would seem that the detached land in this case would be as much in "mid-air" for schools as the land in the Norrish case was for governmental control. We cannot assume that the legislature intended such detached territory to be without school privileges and responsibilities. The statute does not provide for the situation involved. Obviously it was not intended for such a situation.
We are of the opinion that in the enactment of the statute under which these proceedings are instituted the legislature did not have in mind cities having conterminous local school district boundaries. In re Petition of Norrish, supra; Winona v. School Dist. supra. Hence the trial court was right in denying petitioner the relief sought.
Affirmed.