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Appeals court dismisses lawsuit on boundary decision

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School District 833 received notice from the Minnesota Court of Appeals that an appeal challenging the district's attendance boundary decisions has been dismissed, according to a press release from the school district.

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The dismissal order received by the district quotes Minn. Stat. § 120A.36 (2008) stating, "Attendance at a particular public school is a privilege not a right for a pupil."

Further, because residents do not have a right to have their children attend a particular school in the district, the denial of the request for a school boundary adjustment does not constitute a legal claim and was dismissed.

Kendra and Tim Goertzen filed the lawsuit with the Minnesota Court of Appeals on Feb. 17. The Goertzens live in the Wedgewood Point neighborhood of Woodbury, a little over a mile from Middleton Elementary. With the new school boundaries their children will be relocated to Bailey Elementary, which is roughly three miles away.

Kendra Goertzen said she felt her neighborhood was wrongfully divided because Prestwick Golf Club runs through the center of the area.

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