Marshall County Board of Education v. City of Albertville

The real question presented here is whether there is a statutory procedure for a city to re-establish an independent school system when it has previously formed an independent school and then abolished it through consolidation with the county school system. There is no statutory scheme for a city to re-establish a city school system once that system has been abolished by merger. I believe the majority’s reliance upon Code 1975, §§ 16-11-1 and 16-11-2 as the authority to re-establish a city system that has been merged is completely misplaced. Those sections apply only when a city elects to…