The Delta independent. [volume] (Delta, Colo.) 1886-19??, 1906-12-14
SUSTAINS THE
SCHOOL BOARD.
IN SALE OF MONASTERY PROPERTY
County Superintendent finds No Evidence
to Show that Board Was ACtuated
BY Improper Motives.

ers rendered her decision IN the school
case last Friday and believing that the
public will be interested in her review
of the case the same is herewith pub
lished in full:
State of Colorado, County of Delta, IS.
In matter Of the appeal of George De-
ter, from the order of the Board OF
Directors Of School District Number
One of the County of Delta and the
State Of Colorado, selling portion of
the Real estate belonging to the Dis
trict known as the Monastery Prop
erty.
This matter came or for hearing be-
fore me a. County Superintendent OF
Schools upon an appeal taken by George
Deter, a voter and taxpayer, in School
District Number One. from the action
of the Board of Directors of said School
District ordering the sale of and selling
a portion Of real estate consisting OF
one and one third acres situate in BLOCK
II. of Garnet Mesa Subdivision in the
town of Delta, containing building
WnlCn lAIu anu huA eS>h fNa
chased by the School District for school
purposes. The appellant claims to be
aggrieved by the action and order OF
the Board selling said property and IN
his affidavit upon which the appeal is
based, sets forth the errors which he
complains of. the principal errors
claimed being that the Board had not
the power or authority in law TO sell
the property. ihat the price for which
the sale had been made was grossly in
adequate and that the sale mad been
made in a clandcstine manner. The
affidavit OF appeal was attacked by mo-
Ii IN To dismiss and upon the motion
beng over-ruied, the appellant offered
evidence in support of his appeal and
,he appellee oriered evid nee IN support
uf its action from winch the appeal was
taken ana III rebuttaI OF the evidence
introduced by the appellant.
The section of the School Law under
which the appeal Is taken is AS Follows
Any person aggreved by any decis'
ion or order of Tie district board OF di'
rectors IN matter oi law or fact may
WITHIN thirty days after the rendition
of such decision or making OF such or
der. appeal thcrcfrom to the county
superintendent oil the proper county.
The evidence SHOWS that Block II. was
purchased something over Two years
ago. Tor s. $50; thar when purchased II
contained u building known AS the Mon
astery building, besides otner buildings
and improvements. the buildings alone
having cost 5000 or $1,000; that tins
buiLiing has never been occupied foI
school purposes: tnat the acre and ont
third sold included ali the buildings. the
remaining three and two-InIdS acres
having been used by the district fai
play grounds and athletic games: that
the portion sold was disposed OF for tho
sum nf S3,hUO. The evidence tends tC
show that the probable value of the
property sold is not less than -, ono,
perhaps more. but thai ir order to use
the building tor school purposes 1t would
have 10 be entirely re-arranged and the
roof raised; that the cost OF making the
building suitable tor school purposes
would he large: and the testimony ct
numerous of the voters and Taxpayers
of the district was given TO snow thai
the sale .oi the property was not for the
best interests OF the school district.
am not entirely satisfied that the
motion Tor d,smissai of The appeal
ought not to have been sustained but
helng in doubt upon that point, deemed
it best to hive the case heard upon its
merits.
Section 90 of the Annotated School
Law provides ~ follows:
In districts OF the first and second
classes the boards after organization
shall exercise all the powers given the
electors OF districts of the third class
as specified in section 63 of said chap
ter
Section So referred to, being Section
9s of the Annonated School Laws, pro-
vides that the qualified electors Of dis
tricts of the third class when assembled
at any regular or spec al meeting shall
have power, among other things. to
purchase or lease suitable site for
school house or school houses, to build.
rent or purchase a school house or
school houses, to direct the sale or other
disposition to be made of any school
house or the site thereof, and Of such
other property, real or personal as may