Hurley v. Rubis

NOURSE, P. J. The two elementary school districts of Moss Landing and Springfield, both located in Monterey County, elected to form a union elementary school district on November 8, 1949. Prior thereto the Moss Landing District was a part of the Salinas Union High School District and the Springfield District was a part of the Watsonville Joint Union High School District. Acting under the provisions of section 3897 of the Education Code, an election in the Springfield District was held on December 29, 1949, at which election a majority of the voters elected to remain a part of the Watsonville Joint Union High School District and not to become a part of the Salinas Union High School District. Thereafter at an election held in the Moss Landing District the voters elected to remain a part of the Salinas Union High School District and not to become a part of the Watsonville Joint Union High School District. On January 24, 1950, a second election was held in the Springfield Elementary Dis[96]trict at which time the electors voted to become a part of the Salinas Union High School District.

This action was instituted by the officers of the Watsonville Joint Union High School District to test the validity of the second election and to have it decreed that the Springfield District remain as a part of the Watsonville Joint Union High School District. The decision calls for an interpretation of sections 3891 to 3898 of the Education Code with such amendments as were made in 1949, Statutes 1949, chapter 1529. The arguments of counsel are based particularly on the provisions of section 3897 as amended in 1949 which read in part: “Where a new union or joint union district is formed from territory situated in two or more high school districts or situated partly within a high school district and partly in no high school district, the boundaries of the high school districts involved are not changed; provided, however, that prior to the first day of February next succeeding the formation of the union or joint union, or within one year of the date of the election to form the union or joint union, any component district of such union or joint union school district may elect to become a part of any high school district, a portion of the territory of which is embraced within the union or joint union school district.”

A more logical approach would seem to be that suggested in the opinion of the trial judge intimating that when the Springfield District on December 29, 1949, elected to remain a part of the Watsonville Joint Union High School District its status as such thereupon became fixed so that if it thereafter desired to be excluded from that district and to join the Salinas Union High School District it must follow the procedure for withdrawal outlined in section 3691 of the Education Code.