School Buildings, 072942 NDAGO, AGO 42-92

• Case Date: July 29, 1942
• Court: North Dakota

SCHOOL BUILDINGS AGO 42-92 No. 42-92 North Dakota Attorney General Opinion July 29, 1942           OPINION          RE: Use of for other purposes          I have your letter of July 25th, requesting an opinion as to whether a school board would have authority to lease vacant school buildings for grain storage purposes.          Chapter 241 of the 1931 Session Laws provides for the use of school buildings for certain purposes other than school purposes. That a chapter reads as follows:

"When School Buildings May Be Used For Other Purposes.) School Boards and Boards of Education having charge of any school buildings may permit the use thereof, when not occupied for school purposes, under careful restrictions, for any proper purpose, giving equal rights and privilege to all religious denominations and political parties, provided that such use shall not be at any cost to the district, and provided that furniture fastened to the building shall no be removed or unfastened. Public School or High School auditoriums and gymnasiums may be let for individual meetings, entertainments, or conventions of any kind, subject to such restrictions as the governing board of such districts shall prescribe, provided that such letting shall not interfere with the operation of the school or with school activities, and provided that a charge shall be made for such use, at least sufficient to cover any cost to the district for light, heat, janitor service, or other incidental expense connected therewith." (Section 1 of chapter 251)

         In my opinion, the use of a school building for the storage of grain would be an improper use of such building, and unlawful. A careful reading of the above statute clearly shows that the Legislative Assembly intended that school buildings should be used for purposes other than school purposes which would not interfere with the use of the building for school purposes. The use of the terms "under...