In re Petition to Transfer Territory from Poplar Elementary Sch. to Froid Elementary Sch.

In 2013, Froid Elementary School District No. 65 petitioned the Roosevelt County Superintendent of Schools to transfer territory from the Poplar Elementary School District No. 9 to the Froid School District. Poplar opposed the transfer. The deputy superintendent appointed for the purpose of hearing and deciding the petition approved the territory transfer. Poplar appealed. The district court awarded summary judgment to Poplar and vacated the order transferring territory to Froid on the basis that the territory transfer statute required statements to be made under oath and that the deputy superintendent’s failure to administrator oaths was an abuse of discretion. The Supreme Court reversed, holding that Poplar failed to preserve its statutory issue concerning the necessity of sworn testimony and it was error for the district court to reach the merits of the question. Remanded. View "In re Petition to Transfer Territory from Poplar Elementary Sch. to Froid Elementary Sch." on Justia Law