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In re Poplar Elem. v. Froid Elem.

In re Poplar Elem. v. Froid Elem., 2015 MT 278 (Sept. 17, 2015) (Rice. J.; Shea, J., dissenting) (4-1, rev’d)

Issue: Whether the district court erred in holding the county superintendent abused his discretion by receiving unsworn statements as evidence in the territory transfer hearing.

Short Answer: Yes.

Reversed and remanded

Facts: In March 2013, Froid’s board of trustees and a group of Roosevelt County electors petitioned the Roosevelt County school superintendent to transfer territory from the Poplar school district to the Froid school district. Poplar opposed the transfer. By statute, the county superintendent was required to hold a hearing on the petition. She appointed Paul Huber to act as deputy superintendent to hold the hearing and decide the petition.…