Legal Opinion

Cincinnati City School District Board of Education v. Conners

Ohio Supreme Court

Decided June 6, 2012No. 2011-0673PublishedCited by 19 opinions

1Opinion of the CourtLanzinger, J.

{¶ 1} In this action, the Cincinnati City School District Board of Education (“CPS”) asks us to rule on the validity of a deed restriction it placed on school property that it offered for sale at public auction. The issue is whether the deed restriction contravenes public policy by preventing an unused school building from being used by a public charter school. While recognizing that the freedom to contract is a broad right, we hold that the inclusion of a deed restriction preventing the use of property for school purposes in the contract for sale of an unused school building is unenforceable…

2Cases cited15 opinions

  1. United Paperworkers International Union v. Misco, Inc.Supreme Court of the United States · 1987
  2. W. R. Grace & Co. v. Local Union 759, International Union of the United Rubber, Cork, Linoleum & Plastic WorkersSupreme Court of the United States · 1983
  3. Arbino v. Johnson & JohnsonOhio Supreme Court · 2007
  4. Lake Ridge Academy v. CarneyOhio Supreme Court · 1993
  5. State ex rel. Cincinnati Enquirer, Div. of Gannett Satellite Info. Network, Inc. v. DupuisOhio Supreme Court · 2002

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3Cited by19 opinions

  1. William Eastham v. Chesapeake Appalachia, L.L.C.Court of Appeals for the Sixth Circuit · 2014
  2. Lawless v. Lawrence Cty. Bd. of Edn.Ohio Court of Appeals · 2020
  3. Enduring Wellness, L.L.C. v. RoizenOhio Court of Appeals · 2020
  4. Pugh v. Capital One Bank USA N.A.Ohio Court of Appeals · 2021
  5. McGiffin v. SkurichOhio Court of Appeals · 2021

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