People ex rel. Goodall v. Board of Education — 15 N.Y. St. Rep. 803

Majority

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The People ex rel. Augustus B. Goodall, App’lt, v. The Board of Education of Union Free School, District No. 1 of the Town of Deerpark.

(Supreme Court, General Term, Second Department,

Filed May 14, 1888.)

Headnote

Board or education — Erection op school house — Meetings por authorization op—Laws 1886, chap. 695—Laws 1864, chap. 555— Laws 1875, chap. 567.

The defendant proposed to erect a new school house within its district, and called a special meeting to obtain the assent of the voters to that end, and at that meeting appropriated money for the purpcee. The board invited plans and proceedings, and these were made and accepted in June, 1887. At the regular annual meeting of the school district, held in the following month, certain modifications of the plans adopted by the board were attempted. There being an irregularity in calling the July meeting, a new special meeting was called in September, at which the plans were submitted and an appropriation for the building made, the plans of which were left entirely to the board. Held, that the general annual meeting not being called after the notice requisite to empower it to vote a tax or a new school house (Laws 1886, chap. 595) could not direct its size and cost and thus restrict the special meeting which had power over the subject under Laws 1864, chapter 555; Laws 1875, chapter 567.

Lewis E. Carr, for relator; O. P. Howell, for the board.

Appeal from an order denying a motion for a writ of mandamus made at an Orange county special term.

—The defendant representing the free school district proposed to erect a new school house in Deerpark, and, to obtain the assent of the voters, called a special meeting, in accordance with law, permitting such special meeting. At this meeting the voters appropriated the money to build the school house. The board invited plans and proposals for the building, and these were made and accepted in July, 1887. The regular meeting of the district was held on the 30th day of August, 1887, and at this meeting it was voted at the instance of relator that the board should make the main entrance from Main street. The lot was on the corner of Main street and Sullivan avenue. The plans adopted by the board made the main entrance from Sullivan avenue. It was found by the board that there was an irregularity in calling the special meeting in July, and a new special meeting was called for September 12, 1887. At this meeting the plans were submitted and an appropriation for the building was made, “the plans of which were left entirely with said board.”

The special meeting was called for the express purpose of appropriating money to_ build the school house. The notice was sufficient to give, the voters power over the plans, for this is involved in the power of appropriation for a building. It is doubtful if the general annual meeting

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had any power over the subject. Some things the meeting could do, but could not vote a tax or a new school house without a preceding four weeks’ notice. Chapter 595, Laws of 1886.

If it could not erect a new building, it could not direct its size and cost and thus restrict the special meeting which unquestionably is given power over the subject. Chapter 555, Laws of 1864; chap. 567, Laws of 1875.

There was no conflict as to the facts which rendered an alternative writ of mandamus proper.

Whether the plans which the board of education say were at the special meeting or not is wholly immaterial.

The special meeting had full power to supersede the resolution of the annual meeting, and that was done when the plan was left to the judgment of the board of education.

The order should be affirmed, with costs and disbursements.

Dykman and Pratt, JJ., concur.