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[DOWNLOAD] "State Ex Rel. Sweetwater Cty. v. Ohman" by Supreme Court of the United States # Book PDF Kindle ePub Free

State Ex Rel. Sweetwater Cty. v. Ohman

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eBook details

  • Title: State Ex Rel. Sweetwater Cty. v. Ohman
  • Author : Supreme Court of the United States
  • Release Date : January 04, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

The issue in this case is whether shortfall grants legislatively authorized for school districts - Page 50 that experienced a substantial reduction in assessed valuation of property situated within the district were required to be included in the computation of local resources of the district under WYO. STAT. § 21-13-310 (1991) for the 1991-1992 school year. After initially not requiring the inclusion, the State Department of Education (Department) changed its position and required the inclusion of such grants in the computation of local resources. Sweetwater County School District Number One (District 1) and Sweetwater County School District Number Two (District 2) both received such grants. They contested the requirement that the amounts of these grants be included as local resources in the computation for state funding entitlement for the 1991-1992 school year. Both school districts submitted a verified petition for a peremptory writ of mandamus, seeking an order from the district court that the state officials, Diana J. Ohman, State Superintendent of Public Instruction, Stan Smith, Wyoming State Treasurer, and David Ferrari, Wyoming State Auditor, be mandated to not require the inclusion of the grants. The district court ruled in favor of the state officials, holding the shortfall grants had not been previously reported by District 1 and District 2, and the shortfall grants had to be included in the computations for the 1991-1992 school foundation payments. A collateral issue exists with respect to the propriety of mandamus as a remedy in this instance. We hold, adopting arguments of District 1 and District 2, that the shortfall grants represent amounts directly traceable to projected tax revenues previously reported. We reverse the judgment entered by the district court and remand the case for the entry of a declaratory judgment, recognizing the remedy of mandamus is not appropriate.


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