Sam Houston Huffman v. School Board

This is an action to restrain the school board of Independent Consolidated School District No. 11 in Hennepin county (hereinafter referred to as defendant) from calling an election to vote upon the authorization for sale of bonds in an amount not to exceed $848,500 for use in the construction of a new secondary school. On stipulated facts, the trial court issued a temporary injunction on October 7, 1949, restraining defendant from holding the election or issuing bonds in excess of $500,000. From such order this appeal is taken. Defendant, located west of Lake Minnetonka, was created on January 25, 1949. It constitutes the consolidation of territory formerly comprising common school districts Nos. 7, 50, 61, 62, 81, 91, 125, and 200. Shortly prior to this consolidation, district No. 200 took over the territory comprising former common school district No. 94, so that at the time of the present consolidation district No. 200 comprised two former common school districts. On January 25, 1949, common school district No. 200 had outstanding $150,000 in building bonds, which remain an obligation on the taxpayers residing within its former confines. Defendant has not assumed this indebtedness, as it might do under M.S.A. 122.26, as modified by § 122.53.