Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lee Brandvold, Steve Bigelow, Dwight Johnson, Nikki Johansen, Bruce Peterson, Hereinafter "The Ryder Group v. Lewis and Clark Public School District #161

September 15, 2011

LEE BRANDVOLD, STEVE BIGELOW, DWIGHT JOHNSON, NIKKI JOHANSEN, BRUCE PETERSON, HEREINAFTER "THE RYDER GROUP,"
PETITIONERS AND APPELLANTS
v.
LEWIS AND CLARK PUBLIC SCHOOL DISTRICT #161, A PUBLIC SCHOOL BOARD,
RESPONDENT AND APPELLEE



Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable William W. McLees, Judge.

The opinion of the court was delivered by: Crothers, Justice.

N.D. Supreme CourtBrandvold v. Lewis and Clark Public School District,

2011 ND 185

This opinion is subject to petition for rehearing. [Go to Documents]

[Download as WordPerfect]

AFFIRMED.

Opinion of the Court by Crothers, Justice.

[¶1] Lee Brandvold, Steve Bigelow, Dwight Johnson, Nikki Johansen, and Bruce Peterson (collectively "Brandvold") appealed from a district court judgment dismissing their petition for declaratory and injunctive relief. We affirm, concluding the district court did not err in granting judgment on the pleadings dismissing the petition under N.D.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief could be granted.

I

[¶2] In 2002, the Berthold Public School District, the North Shore Public School District, and the Plaza Public School District commenced the statutory process to consolidate and reorganize into a single district. The culmination of this process was a formal public vote in each of the three districts, with the voters in each of the three districts approving the consolidation and reorganization plan. As a result, the three districts reorganized into the Lewis and Clark Public School District ("the District") effective in July 2003, and the three former districts ceased to exist.

[¶3] In 2009, the school board of the District voted to close the elementary school located in Ryder. In February 2010, Brandvold filed a petition in district court seeking declaratory and injunctive relief, alleging that the reorganization process had been tainted by fraud because the Berthold Public School District had not disclosed during the reorganization process information about certain outstanding debts it owed on lease-purchase transactions. Brandvold sought a declaration that the reorganization was invalid and that the District be dissolved and the former districts be reinstated. Brandvold also sought an injunction prohibiting the District from closing any school within the District.

[¶4] The District moved for judgment on the pleadings under N.D.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief could be granted. The district court granted the motion, and judgment was entered dismissing the petition. On appeal, Brandvold challenges only the dismissal of the request for declaratory relief, not the dismissal of the request for injunctive relief.

II

[ΒΆ5] Brandvold contends the district court erred in dismissing the petition under N.D.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief could be granted. Brandvold argues the failure of the Berthold Public School District to disclose during the 2002-2003 reorganization process that it owed money under certain lease-purchase agreements ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.