Central Sch. Dist. 13J v. Marion Dist. Boundary Bd.

Full title: CENTRAL SCHOOL DISTRICT 13J, POLK COUNTY, OREGON, Appellant, v. MARION…

Court: Oregon Court of Appeals

Date published: May 18, 1988

91 Or. App. 314 (Or. Ct. App. 1988)

91 Or. App. 314

754 P.2d 923

Opinion

754 P.2d 925 (Or.App. 1988) 91 Or.App. 314 CENTRAL SCHOOL DISTRICT 13J, Polk County, Oregon, Appellant, v. MARION DISTRICT BOUNDARY BOARD, Respondent. 87C-10263; CA A45356, CA A45731. Court of Appeals of Oregon. May 18, 1988

       Argued and Submitted April 15, 1988.        Scott McArthur, Monmouth, argued the cause and filed the briefs for appellant.

       William G. Paulus, Salem, argued the cause for respondent. With him on the brief was Garrett, Seideman, Hemann, Robertson and De Muniz, P.C.

       Before WARREN, P.J., ROSSMAN, J., and RIGGS, J. Pro Tem.

        PER CURIAM.

       Appellant appeals from a judgment dismissing for lack of jurisdiction its petition for a writ of review to challenge an order by respondent transferring certain property from Central School District to Salem-Keizer School District. Initial review of a boundary board order lies either in this court or before the State Board of Education, depending on the procedure under which the petition was brought. Central School, (Beaman I) v. Marion District, 88 Or.App. 85, 87, 744 P.2d 284 (1987), rev. den. 305 Or. 45, 749 P.2d 1182 (1988); see also Cent. Sch. Dist. 13J v. St. Bd. of Ed., 91 Or.App. 308, 754 P.2d 923 (1988) (decided this date). Accordingly, the circuit court properly dismissed the petition.

       Affirmed.