Repealed

72-309. History: L. 1876, ch. 122, art. 3, § 5; R.S. 1923, 72-309; Repealed, L. 1951, ch. 396, § 20; April 1. Source or Prior Law: L. 1861, ch. 76, art. 5, § 2; G.S. 1868, ch. 92, § 51; L. 1872, ch. 185, § 2; L. 1874, ch. 122, § 7. CASE ANNOTATIONS 1. Appeal lies from order refusing to form or alter district. Jeffreys v. School District, 3 Kan. App. 154, 155, 42 P. 830. 2. School district is "person" hereunder and may appeal. School District v. The State, 15 Kan. 43, 47. 3. Regularity of proceedings on appeal presumed in any collateral inquiry. Board of Education v. Campbell, 17 Kan. 537. 4. Jurisdiction of county commissioners on appeals is special and limited. The State v. Secrest, 60 Kan. 641, 643, 57 P. 500. 5. Appeal determined by commissioners; rehearing unauthorized without notice. The State v. Secrest, 60 Kan. 641, 643, 57 P. 500. 6. Commissioners cannot make alterations not considered by superintendent. The State v. Secrest, 60 Kan. 641, 643, 57 P. 500. 7. Appeal lies from order of superintendent concerning property of district. Robinet v. School district, 63 Kan. 1, 3, 64 P. 970. 8. Change made on verbal request affirmed on appeal, not void. School District v. Wolf, 78 Kan. 805, 98 P. 237. 9. Commissioners at special meeting cannot hear appeal hereunder. School District v. Wilson, 104 Kan. 153, 156, 177 P. 523. 10. Appeal not determined at first regular meeting; subsequent meeting; notice. State, ex rel., v. Edwards County, 106 Kan. 514, 517, 188 P. 221. 11. Provision for appeal applies only to districts situated wholly within county. State, ex rel., v. Rural High-school Joint District, 115 Kan. 526, 530, 222 P. 1106. 12. Section provides for appeal from action of county superintendent. Union School District v. Starrett, County Clerk, et al., 117 Kan. 163, 165, 230 P. 324. 13. Power of county board in acting upon appeals is limited and restricted. State, ex rel., v. Mowry, 119 Kan. 74, 78, 237 P. 1032. 14. Dissolution of consolidated school district by division of territory into new districts held illegal. State, ex rel., v. Conley, 139 Kan. 687, 690, 33 P.2d 165. 15. Section is inapplicable to joint school districts. State, ex rel., v. Throckmorton, 169 Kan. 481, 484, 486, 219 P.2d 413. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026