City of Cleveland v. Public Library Board of the City School District
Ohio Supreme Court
Error to the Court of Appeals of Cuyahoga county. On the 13th day of July, 1914, the city council of the city of Cleveland adopted a resolution offering to convey by quitclaim deed to the Public Library Board of the City School District of the City of Cleveland a tract of land occupied by the city hall, which resolution was in part as follows: “1. For the erection by the Cleveland Public Library Board of a public library building to harmonize in size and architecture to the…
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Error to the Court of Appeals of Cuyahoga county. On the 13th day of July, 1914, the city council of the city of Cleveland adopted a resolution offering to convey by quitclaim deed to the Public Library Board of the City School District of the City of Cleveland a tract of land occupied by the city hall, which resolution was in part as follows: “1. For the erection by the Cleveland Public Library Board of a public library building to harmonize in size and architecture to the public buildings already erected, such library building to form a part of the Cleveland so-called group plan of public…
1Opinion of the CourtDonahue, J.
It is insisted by counsel for plaintiff in error, and by counsel for the cross-petitioner in error, that this is a gift by the municipal corporation to the Public Library Board of the City School District of the City of Cleveland.
While it is a fact that the city of Cleveland and the City School District of the City of Cleveland are substantially the same in population and territory, yet they are nevertheless separate and distinct political subdivisions. Therefore the city of Cleveland cannot make a gift to the City School District of the City of Cleveland, notwithstanding such a gift is for…
2Cited by5 opinions
- Green Ex Rel. City of Columbus v. ThomasOhio Court of Appeals · 1930
- City of Steubenville Ex Rel. Blackburn v. TargossOhio Court of Appeals · 1965
- Beal v. City of ElyriaLorain County Court of Common Pleas · 1971
- State ex rel. Speeth v. CarneyOhio Supreme Court · 1955
- State ex rel. Vana v. Maple Heights City CouncilOhio Supreme Court · 1990