O'Hara v. School Board of Sarasota County

CAMPBELL, Judge.

Appellant filed her complaint seeking declaratory and injunctive relief to prohibit appellee from permitting use of public school facilities during nonsehool hours by a religious organization. Appellee moved to dismiss the complaint with prejudice. The parties agreed that the matter should be submitted to the trial court for a determination of the issues of law raised by the pleadings on the basis of stipulated facts. The parties filed a written stipulation of facts on May 20, 1982, which contained the following crucial stipulated facts:

3. Defendant has a policy and…