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In re Petition to Transfer Territory
Montana Supreme Court
15 P.3d 447 (Mont. 2000)
- Written by Deanna Curl, JD
Facts
Montana Code § 20-6-320 (the statute) authorized county-school superintendents to alter the boundaries of a school district by granting or denying territory transfers from one school district to another. The only statutory requirement for transfer was that the superintendent consider the effects of the transfer on residents living in the transferred territory and residents remaining in the original territory posttransfer. Following an appeal of two students’ (plaintiffs) requests to transfer to other high schools, Lame Deer High School District (LDHSD) (defendant) challenged the constitutionality of § 20-6-320 under the Montana Constitution’s separation-of-powers clause.
Rule of Law
Issue
Holding and Reasoning (Hunt, J.)
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