Board of Education of Hopkins County v. Hopkins County

CLAY, Commissioner.

This is the second round in a fight on the part of certain Hopkins County citizens to block the merger of the Hopkins County Board of Education and the Madisonville Board of Education. We have held once that such merger was valid. Hopkins County Board of Education v. Hopkins County, Ky., 242 S.W.2d 742.

At the conclusion of that opinion we left the case open for further proper pleadings. On the return of the case, the Hopkins County Board of Education (the plaintiff) moved to dismiss the declaratory judgment proceeding on the ground that our determination of the merger’s…