Legal Opinion

Casey County Board of Education v. Luster

Court of Appeals of Kentucky (pre-1976)

Decided September 23, 1955PublishedCited by 5 opinions

1Opinion of the Court

SIMS, Judge."

The question for determination is the legality of a rule promulgated by .the Principal of the Middleburg Public School in Casey County which provides:

“No 'one, while in school, shall be allowed to enter the restaurant of Mr. Russell or any other business establishment in the town without permission from 8:15 A.M. until 3:00 P.M.”

The trial judge in a written opinion held this rule was arbitrary, therefore void, and enjoined the County; Board of Education and the Principal from enforcing it.

The school’operated a lunchroom where children able to pay obtained their lunches for twenty…

2Cases cited9 opinions

  1. Gott v. Berea CollegeCourt of Appeals of Kentucky · 1913
  2. Flory v. SmithSupreme Court of Virginia · 1926
  3. Mosier v. Barren County Board of HealthCourt of Appeals of Kentucky (pre-1976) · 1948
  4. Christian v. JonesSupreme Court of Alabama · 1924
  5. Hailey v. BrooksCourt of Appeals of Texas · 1916

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

3Cited by5 opinions

  1. Petrey v. FlaugherDistrict Court, E.D. Kentucky · 1981
  2. Board of Education of Harrodsburg v. BentleyCourt of Appeals of Kentucky (pre-1976) · 1964
  3. Rone Ex Rel. Payne v. Daviess County Board of EducationCourt of Appeals of Kentucky · 1983
  4. International Brotherhood of Firemen & Oilers, Local 320 v. Board of EducationCourt of Appeals of Kentucky · 1965
  5. Crager v. Board of Educ. of Knott County, Ky.District Court, E.D. Kentucky · 2004

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