Legal Opinion · Dissent

Garfield Heights City School District v. State Board of Education

Ohio Supreme Court

Decided March 8, 1995No. 93-1929Published

1DissentDouglas, J.

The majority holds that the Garfield Heights City School District Board of Education has the right to unilaterally reject a transfer of school district territory. The majority is just plain wrong. R.C. 3311.24 authorizes a local school district board of education to “accept” (not to “reject”) a transfer of school district territory. Moreover, stripped of its legal niceties, this case boils down to one thing — regardless of the test of the “present and ultimate good of the pupils concerned” (see Ohio Adm.Code 3301-89-01[F]), the Garfield Heights board of education just does not want, for some…

2Cases cited4 opinions

  1. State ex rel. Dispatch Printing Co. v. WellsOhio Supreme Court · 1985
  2. Rossford Exempted Village School District v. State Board of EducationOhio Supreme Court · 1989
  3. Garfield Heights City School District v. State Board of EducationOhio Court of Appeals · 1992
  4. Garfield Heights City School District v. State Board of EducationOhio Court of Appeals · 1990

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