Garfield Heights City School District v. State Board of Education

While I agree with the majority’s opinion that the common pleas court lacked jurisdiction in this matter, I disagree with the majority’s ruling as to the second, third and fourth assignments of error and, therefore, concur separately.

The issues presented by the second, third and fourth assignments of error, that is, the interpretation of R.C. 3311.24, are not properly before this court. The issues presented by those assignments of error were neither raised nor litigated during the proceedings in common pleas court in 1989. Those proceedings dealt only with the issue of the sufficiency of the…