# Washburn Public School District No. 4 v. State Board of Public School Education

> North Dakota Supreme Court · October 4, 1983 · 338 N.W.2d 664

URL: https://www.frixlaw.com/law-library/cases/7874163

## Case

- **Full name:** WASHBURN PUBLIC SCHOOL DISTRICT NO. 4 OF McLEAN COUNTY, North Dakota v. STATE BOARD OF PUBLIC SCHOOL EDUCATION of the State of North Dakota, Robert O. Wefald, Attorney General of the State of North Dakota, and Center Public School District No. 18 of Oliver County, State of North Dakota
- **Court:** North Dakota Supreme Court
- **Decided:** October 4, 1983
- **Citations:** 338 N.W.2d 664
- **Precedential status:** Published
- **Opinion:** Dissent by Pederson
- **Judges:** Erickstad, Paulson, Pederson, Sand, Walle
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7874163

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7874163. Public record. Not legal advice.