Fleming

On appeal from a judgment of dismissal entered upon an order granting summary judgment, we consider the question of whether the one-year statute of limitations contained in section 4026 of the Education Code (to which all section references apply unless other wise indicated) governs the commencement of suit raising constitutional challenges to the validity of a change in the boundaries of an elementary school district. We conclude for the reasons which follow that the underlying action was timely filed in compliance with section 4026 but that prosecution of the third cause of action is otherwise barred by an independent validating statute. Accordingly, we reverse the judgment and remand for further proceedings.

The record before us discloses the following: On December 29, 1976, following a district-wide election approving the change in school district boundaries resulting in the transfer of the Menlo Oaks subdivision from the Ravenswood City Elementary School District to the Menlo Park Elementary School District, the San Mateo County Board of Education entered an order establishing the change of boundaries of the districts. (See §§ 4025, 1043.) On July 8, 1977,…