Terhaar v. Joint Class a School District No. 241 , 77 Idaho 112 ( 1955 )

TAYLOR, Chief Justice.

Appellants (plaintiffs) in this action challenged the legality of the organization of Joint Class A School District No. 241 of Idaho, Adams and Lewis Counties (respondent), and sought to have the organization of the district declared null and void, and to enjoin the trustees from proceeding with a proposed bond election in said district. The relief sought was based upon the ground that the law, Title 33,. Chap. 3, Idaho Code, as amended, under which the district was organized, is unconstitutional. The district court denied the injunction and, after sustaining demurrers to the complaint, dismissed the action. Plaintiffs brought this appeal from the judgment of dismissal. Subsequent to the denial of the injunction, the bond election was held and the proposed bond issue was rejected by the voters of the district. Thereafter, by proceedings subsequent to this appeal, the respondent school district was divided and two new districts created out of its territory. It does not appear that the legality of the new districts is dependent on that of the old. Thus the issues involved have become moot.

The constitutionality of a statute will not be determined unless such determination is necessary to the determination of the issues actually before the court. Howell v. Board of Commissioners of Ada County, 6 Idaho 154, 53 P. 542; Kimbley v. Adair, 32 Idaho 790, 189 P. 53; In re Brainard, 55 Idaho 153, 39 P.2d 769; Poffenroth v. Culinary Workers Union Local No. 328, 71 Idaho 412, 232 P.2d 968; State v. Heitz, 72 Idaho 107, 238 P.2d 439; State ex rel. Nielson v. City of Gooding, 75 Idaho 36, 266 P.2d 655.

The issues originally presented, having become moot, this court will not retain the cause for the purpose of considering the constitutionality of the act under which the original district was created.

Appeal dismissed. No costs allowed.

KEETON, PORTER and SMITH, JJ., concur.