Summary
In Kirchoff v. Board of County Commissioners, 189 Minn. 226, 248 N.W. 817, petitioner applied to the county board to have his land set off from one school district and attached to another.
Summary of this case from In re the Eligibility for Unemployment Benefits of FoyOpinion
No. 29,330.
June 9, 1933.
Appeal and error — "aggrieved party" entitled to appeal.
The county board, acting as the tribunal to hear and pass upon a petition to detach land from one school district and attach it to another, has no interest in the litigation and is not an aggrieved party entitled to appeal. Neither is the county financially or otherwise interested as far as shown by the record.
The county board of McLeod county denied the petition of Elmer Kirchoff to have land belonging to him set off from school district No. 33 and attached to school district No. 85 in that county. He appealed to the district court for that county, where there was a trial before Albert H. Enersen, a judge of the ninth judicial district acting for the judge of the eighth judicial district. The court reversed the order of the county board, and the board appealed from an order denying its motion for a new trial. Appeal dismissed.
William O. McNelly, County Attorney, for appellant.
Herbert H. Hoar, for respondent.
The appeal is by the county board of McLeod county from an order denying a motion for a new trial. The case is that of a freeholder petitioning the county board to have his land set off from one school district and attached to another. The county board, after hearing, denied the petition. The petitioner then appealed to the district court, and that court, after trial, reversed the order of the county board. The board then moved for a new trial and now appeals to this court.
The county board, prosecuting this appeal, as far as the record shows, has no interest in the litigation and is not an aggrieved party. The board is the tribunal designated by statute to hear the petition and pass upon it in the first instance. The litigants are the petitioner and the school districts affected. A court or tribunal before whom a controversy is litigated has as such no appealable interest in the matter. And, while the county board represents the county in many matters in which the county is interested, it does not appear that the county has any financial or other interest in this litigation, nor is the appeal taken by or in behalf of the county. Public boards and officers cannot appeal or sue out writs of error if they have no interest or are not aggrieved either in their official or individual capacity. 3 C. J. p. 658, § 528; Winne v. People, 177 Ill. 268, 52 N.E. 377; Fitch v. Hay, 112 App. Div. 736, 98 N.Y. S. 1090.
Appeal dismissed.