AGO 1949-51 No. 160.

• Case Date: November 17, 1949
• Court: Washington

Washington Attorney General Opinions 1949. AGO 1949-51 No. 160. November 17, 1949[Orig. Op. Page 1]PRIVATESCHOOL SITE - AUTHORITY TO BUILD ON DONATED PROPERTY.Original school site, plus addition selected by vote, plus gift area, was intended by district electors to constitute a single school site. An authorization to construct upon site legally selected by electors, includes permission to build on original site and gift addition.Honorable Ronald R. Hull Prosecuting Attorney Yakima County Yakima, WashingtonCite as: AGO 1949-51 No. 160Dear Sir: We have received your letter of October 8, 1949, in which you ask the following question: Is the authority to build under a proposition submitted to and approved by the electors of a third class school district, authorizing the construction of an elementary and grade school upon such site as legally may be selected by the electors of such district, permit the construction of such school on a site composed of the original location, plus a tract previously approved by such electors for purchase by the district as an addition to the original location, plus a three acre tract legally donated and accepted by the district directors as another addition to the original location, where such areas were understood and intended by the voters of the district to constitute a single school site? Our conclusions may be summarized as follows: The authority to build under such proposition does include permission to build on such a site. ANALYSIS On September 22, 1949, you requested the opinion of this office regarding the authority of a school district to build on a gift site where the electors had previously approved a different location. From your letter, it was our [Orig. Op. Page 2] understanding that the election of December, 1948, authorized a change of site. In accord with that understanding, we held in an opinion directed to your office of September 30, 1949, that the selection by the voters of a new site did not authorize construction of a school building on a different site acquired by gift and accepted by directors but not chosen by the electors. On the facts therein we adhere to the conclusions expressed in that previous opinion. Subsequently, you directed our attention to various material circumstances omitted in your original request and asked for a reconsideration of the question in...