applying the Bank of Rhame test to analyze whether appellant had standing to appeal the State Board of Public School Education’s decision denying annexation
How later courts described this case
- applying the Bank of Rhame test to analyze whether appellant had standing to appeal the State Board of Public School Education’s decision denying annexation
- holding school district participated in proceedings when president of school board was present at the hearing where petitioners presented their arguments
- party who participated in agency proceeding but “neither gained nor lost anything” not factually aggrieved for standing to appeal agency decision
Written by the judges who cited it.
The opinion
PEDERSON, Justice,
dissenting.
I do not agree with the narrow interpretation of the right to appeal which has been applied by Justice VandeWalle. I would interpret § 28-32-15, NDCC as granting any “party” the right to appeal without any showing of being aggrieved. If Washburn Public School had opposed the petition and had lost, certainly it could appeal. Does that mean that the right of appeal is dependent upon which side you are on? It should not.