Butler County Sch. Dist. v. Freeholder PetitionersAnnotate this Case
The East Butler and Prague public school districts filed a petition for dissolution and merger with the Committee for the Reorganization of School Districts. Afterwards, Appellees, property owners, filed freeholder petitions with the Saunders County Freeholder Board to remove property owned by them from the Prague District into the Wahoo District. The Committee then approved the dissolution of merger. Before it became effective, the Board granted Appellees' petitions to move their property. East Butler subsequently appealed, alleging that the Board lacked jurisdiction because the Committee had exclusive jurisdiction over the matter or that the Committee had prior jurisdiction to act. The district court dismissed the appeal, concluding that under Neb. Rev. Stat. 79-458(5) the appeal was untimely and that East Butler lacked standing to challenge the Board's order. The Supreme Court reversed, holding (1) because East Butler had a valid merger petition that involved the same property pending at the time of Appellees' freeholder petitions, it had sufficient interest in the matter to invoke the court's jurisdiction; and (2) the appeal was timely. Remanded.