269 F. 21 | 8th Cir. | 1920
The question in this case is whether the board of education of the city of Wichita, Kan., acting under section 9114, G. S. Kan. 1915, lawfully attached 20 acres of land belonging to the Cudahy. Packing Company to the city school district for school purposes. The trial court held it did not, and enjoined the enforcement of the resulting excess school taxes. The statute referred to provides:
“Territory outside tbe city limits of any city of tbe first class, but adjacent thereto, may be attached to such city for school purposes, upon the application being made to the board of education ofi such city by a majority of the electors of such adjacent territory. And, upon the application being made to the board of education they shall, if they deem it proper and to the best interests of the school of said city and territory seeking to be attached, issue an order attaching such territory to such city for school purposes and tó enter the same upon their journal, and such territory shall, from the date of such order, be and compose a part of such city for school purposes only, and the taxable property of such adjacent territory shall be subject to taxation and bear its full proportion of all expenses incurred in the erection of school buildings and in maintaining the schools of said city. Such territory shall be attached to the several wards of such city contiguous thereto as shall be determined by the board of education of any such city, and when SO' attached shall remain parts of such for school purposes only.”
Prior to the action of the board of education the land of the Cudahy Packing Company was a part of rural school district No. 63, of Sedgwick county, Kan. At one time the school district comprised an integral body of land north of the city and contiguous to its northern corporate boundary. Erom time to time the city limits were enlarged and extended and it came to pass that a portion of the school district containing 120 acres became entirely surrounded by streets, blocks and
“The statute authorizing annexation does not intimate that the board of education may annex part of the territory which is proposed for annexation and leave out isolated tracts here and there throughout its extent because the owners may object or because some such tracts may have no resident electors; nor need the board of education concern itself that the territory to be annexed may lie in different townships or in different school districts.”
The decree is reversed, and the cause is remanded for further proceedings in conformity with'this opinion.