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AGO 1951 No. 170 - November 14, 1951
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Smith Troy | 1941-1952 | Attorney General of Washington

SCHOOL DISTRICTS ‑- PURCHASE OF SCHOOL BUS GARAGE ‑- SPECIAL MEETING TO SECURE APPROVAL OF VOTERS

A special meeting pursuant to Rem. Rev. Stat. section 5028 et seq. to determine if a school district should purchase a school bus garage is a valid and proper means of securing the voters' approval of such a purchase.

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                                                               November 14, 1951

Honorable John N. Leavitt
Prosecuting Attorney
Okanogan County
Okanogan, Washington                                                                                                              Cite as:  AGO 51-53 No. 170

Dear Sir:

            This is to acknowledge your letter of October 29, 1951, in which you asked whether a school district of the second class could properly purchase a school bus garage by securing the consent of the voters of the district at a special meeting, rather than at an election.

            Our conclusion is in the affirmative.

                                                                     ANALYSIS

            We have for many years concluded that the building or purchase of school houses may be authorized by the voters of a second class school district, either at a special meeting called for that purpose and conducted pursuant to Rem. Rev. Stat. section 5028, et seq., or in the alternative, by an election.

            We call your attention to the case of Behrens vs. Bechtel, 131 Wash. 508, 230 Pac. 426, which holds that a special meeting pursuant to Rem. Rev. Stat. section 5028 must be a deliberative assembly, and that a meeting where voters come simply to vote does not apparently satisfy the special meeting provisions of Rem. Rev. Stat. section 5028.

             [[Orig. Op. Page 2]]

            We have also concluded heretofore that school bus garages are within the phrase "school house," (Prosecuting Attorney of Yakima County on November 25, 1941).

            Accordingly, you are advised that a special meeting pursuant to Rem. Rev. Stat. section 5028, et seq., to determine if a school district should purchase a school bus garage is a valid and proper means of securing the voters' approval of such a purchase.

Very truly yours,

SMITH TROY
Attorney General

ROBERT L. SIMPSON
Assistant Attorney General

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