Wayman v. Board of Education

The determinative issue raised by this action is whether a board of education may be enjoined from maintaining a nuisance upon its property.

It is well settled that a board of education is a quasi corporation acting for the public as one of the state’s ministerial education agencies “for the organization, administration and control of the public school system of the state.” Cline v. Martin, 94 Ohio St. 420, 426. There is no statute creating liability in tort. There is no such liability at common law. Finch v. Board of Education of Toledo, 30 Ohio St. 37; Board of Education of Cincinnati v.…