Harrisburg School District No. 6 and Frankie Lindsey, Fonda Eaton, Barry Massengil, and Greg Reddman, in Their…

Summary

The court affirmed summary judgment for Neal, holding that the Harrisburg District was required to use resignation or a drawing of lots to reduce its board membership when forming the interim board after annexation. The board's unilateral selection of four of its five members violated the applicable statute, and Neal's challenge was neither moot nor barred by waiver, estoppel, ratification, collateral attack, or contract principles. No separate opinions were provided.