Slater v. Kesey

THOMPSON (R. L.), J.

This is an appeal from a writ of mandate which was issued to require the assessor of Lake County to include in the Upper Lake Union School District, for the purpose of raising elementary school taxes, the territory sought to have been withdrawn therefrom by the creation of a new elementary school district called the Lucerne School District, on the ground that the procedure of organizing this new district was illegal.

The essential facts were stipulated. The petitioner for the writ is a taxpayer in Upper Lake Union School District. This union school district was duly organized by including therein Hammond School District together with other contiguous districts. Lucerne District had no prior separate existence. The territory- of which it is comprised was merely an undivided part of Hammond School District when the Union School District was organized. The intervener and other resident heads of families then sought to create a new elementary school district from a portion of the territory of Upper Lake Union School District, pursuant to the provisions of sections 1577 and 1578 of the Political Code. It is conceded that the provisions of these two sections were strictly complied with in the effort to form the new Lucerne District. These sections furnish a complete method of procedure for the formation of a new elementary school district, and do not specifically preclude the creation of such an elementary district from the territory included

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in a duly organized union school district. Section 1591a of the Political Code does, however, prescribe the only means by which an elementary district which is contained within the union district may withdraw therefrom It is the exclusive method of seceding from the union district. This last-mentioned section provides in part:

“Any school district contained in a union or joint union school district may . ; . withdraw from such union or joint union district by action of the board ... of supervisors . . . whenever a majority of the heads of families residing in the union or joint union district, including two-thirds of the heads of families who reside in the district wishing to withdraw . . . shall present to such board ... a petition for such withdrawal, accompanied by a written consent to such withdrawal signed by a majority of the members composing the board of trustees of such union or joint union district. ...”