State ex rel. Smith v. Fairfield County

The determinative issue is whether there is any authority in law by which a county board of education can transfer the territory of a local school district in one county to a local school district in an adjoining county.

Section 3311.231, Revised Code (127 Ohio Laws, 204, 206), as in effect prior to its amendment effective July 28, 1959 (128 Ohio Laws, S. 455), is controlling.

That section then provided in part: “* * * qualified electors * * * may propose, by petition, the transfer of a part or all of one or more local school districts within the county to an adjoining county school district or…