Legal Opinion

Board of Education of Marion City School Dist. v. Board of Education of Elgin Local School Dist.

Ohio Supreme Court

Decided May 13, 1981No. 80-1134PublishedCited by 5 opinions

1Opinion of the CourtClifford F. Brown, J.

The sole issue for determination here is whether the act of the state board disapproving the transfer of land from one school district to another is a legislative act not subject to review by the courts. For the reasons stated below, we agree with the Court of Appeals in holding the action legislative and not appealable.

Section 4(B), Article IV of the Ohio Constitution gives the courts of common pleas “original jurisdiction over all justiciable matters and such powers of review of proceedings of administrative officers and agencies as may be provided by law.” Prior cases have established that…

2Cases cited4 opinions

  1. Fortner v. ThomasOhio Supreme Court · 1970
  2. M. J. Kelley Co. v. City of ClevelandOhio Supreme Court · 1972
  3. Rankin-Thoman, Inc. v. CaldwellOhio Supreme Court · 1975
  4. Board of Education v. State Board of EducationOhio Supreme Court · 1976

3Cited by5 opinions

  1. Rossford Exempted Village School District v. State Board of EducationOhio Supreme Court · 1989
  2. Union Title Co. v. State Board of EducationOhio Supreme Court · 1990
  3. In Re Assignment of New Riegel Local School DistrictOhio Court of Appeals · 1982
  4. In Re Transfer of Territory From the Cleveland City School DistrictOhio Court of Appeals · 1982
  5. Walt's Friendly Tavern v. Ohio Department of Liquor ControlOhio Court of Appeals · 1983

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