Town of South Charleston v. Board of Education

Lovins, Judge:

The Town of South Charleston, a municipal corporation, hereinafter referred to as “town”, instituted this suit in the Circuit Court of Kanawha County against The Board of Education of the County of Kanawha, hereinafter referred to as “board”. The trial court rendered a decree adverse to the defendant, from which an appeal was granted by this Court.

This suit arises out of the last of a series of transactions between the town and the board, relative to a cooperative policy of establishing a joint system of public recreation facilities.

In the years 1936 and 1938, the board…