Legal Opinion

Brown v. Board of Education

Ohio Supreme Court

Decided December 3, 1969No. 69-107PublishedCited by 17 opinions

1Opinion of the CourtTakt, C. J.

Both parties agree that the only question to be decided is whether a private litigant, in an action against a board of education of a local school district, can rely upon adverse possession to obtain title to land held in trust by that board for school purposes.

In State, ex rel. Board of Edn., v. Gibson (1935), 130 Ohio St. 318, 199 N. E. 185, the syllabus reads:

“1. Immunity attaching to the state does not accrue to the benefit of a board of education or school district.
*70“2. A board of education or school district, clothed with the capacity to sue and be sued, is thereby rendered amenable to…

2Cases cited6 opinions

  1. City of Cincinnati v. EvansOhio Supreme Court · 1855
  2. Cline v. MartinOhio Supreme Court · 1916
  3. Overholser v. National Home for Disabled Volunteer SoldiersOhio Supreme Court · 1903
  4. State Ex Rel. Board of Education v. GibsonOhio Supreme Court · 1935
  5. Wayman v. Board of EducationOhio Supreme Court · 1966

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Thacker v. Board of Trustees of Ohio State UniversityOhio Supreme Court · 1973
  2. Wyatt v. Ohio Department of TransportationOhio Court of Appeals · 1993
  3. Houck v. Board of Park CommissionersOhio Supreme Court · 2007
  4. Nusekabel v. Cincinnati Public School Employees Credit Union, Inc.Ohio Court of Appeals · 1997
  5. Lopez v. WilliamsDistrict Court, S.D. Ohio · 1974

12 more not listed; retrieve them via the Exa API.

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