Jennings v. Clearwater School District

CRAIG, J.

The board of school trustees of Clearwater School District caused notice to be given that an election would be held therein for the purpose of voting upon the question as to whether or not said district should issue and sell bonds to the amount of forty-five thousand dollars, as a means of “raising money for purchasing school lots, for building one or more school buildings, for making alterations and additions to said school building or buildings, for insuring school buildings, for supplying school buildings with furniture and necessary apparatus, and for improvement of school grounds.” The election was held on July 12, 1921, pursuant to such notice, and two-thirds of the votes cast being in the affirmative, said bonds were issued and sold, and the proceeds thereof are in the hands of the county treasurer. Subsequently to the sale of said bonds the trustees gave notice that “In accordance with the provisions of section 1611 of the Political Code, notice is hereby given that a meeting of the qualified electors of Clearwater School District, county of Los Angeles, state of California, will be held on the 13th day of January, 1922, between the hours of 1 p. m. and -, at Literary Hall, in said school district, for the purpose of consultation on the following: Instructing the Board of Trustees with respect to the purchase of a school site and the erecting thereon of a school house.” A meeting was accordingly held, and by a vote of 391 to 145, the following resolution was adopted:

“Moved that Board of Trustees be authorized to purchase a school site of not less than 4 acres fronting 20 rods in width on Ocean Ave. from the property of L. D. Glock or John Thompson in said school district and the erection on

[104]

said school site a school building containing not less than 5 class-rooms.”

No question is raised as to the legality of any of the steps taken prior to this meeting, but appellant instituted proceedings against the respondents, praying that said purchase be enjoined and that the trustees be restrained from using any part of the funds for the purchase of a school site which does not adjoin the present school property. The principal ground for injunction alleged in appellant’s amended complaint is that “it was understood by and between the district and the trustees of said district and the electors of said district that the proceeds of said bonds, if voted, should be used for the purpose of purchasing lots adjacent to and adjoining said district’s school site and for building one or more school buildings upon the lots so purchased, and for making alterations and additions to said school building or buildings and for insuring buildings, for supplying school buildings with furniture and necessary apparatus and for improving the school grounds of said district situate as hereinbefore described, and for no other purpose; that said bonds would not have been voted by the electors of said district had they known it was the intention of said trustees to use the proceeds of the sale of said bonds to acquire lots that do not adjoin the district’s present school site and to build a school house on such lots.”