Bellamy v. Board of Educ. of Ohio County

• Decision Date: 25 September 1934
• Citation: 255 Ky. 447,74 S.W.2d 920
• Parties: BELLAMY v. BOARD OF EDUCATION OF OHIO COUNTY et al.
• Court: Kentucky Court of Appeals

74 S.W.2d 920

255 Ky. 447

BELLAMY v. BOARD OF EDUCATION OF OHIO COUNTY et al.

Court of Appeals of Kentucky

September 25, 1934

Appeal from Circuit Court, Ohio County.

Suit by O. K. Bellamy against the Board of Education of Ohio County and others. From a judgment dismissing the petition plaintiff appeals.

Affirmed.

Forrest P. Bell, of Hartford, Beckham A. Robertson, of Owensboro and Charles R. Bell, of Bowling Green, for appellant.

Kirk &amp Bartlett, of Hartford, for appellees.

CLAY Justice.

O. K Bellamy, a citizen and taxpayer of the town of Fordsville Ohio county, brought this action against the board of education of Ohio county and others to enjoin the carrying into effect of an agreement and plan for financing a new schoolhouse. After overruling the demurrer to the answer, the demurrer to the petition was sustained, and the petition dismissed. Plaintiff appeals.

The admitted facts are: Many years ago Fordsville, an independent graded school district, acquired a school site and erected thereon a school building. By appropriate proceedings the Fordsville graded school district has been merged with, and become a part of, the Ohio county district, and all the property of the former has passed to the latter. The present schoolhouse on the site in question has become dilapidated and unsuitable for school purposes. For the purpose of erecting, equipping, and financing a new schoolhouse, the county board of education has entered into an agreement by which the property is to be conveyed to the Fordsville Educational Corporation and financed under a plan that has often been approved by this court. Reneer v. Centertown Educational Corporation, 253 Ky. 328, 69 S.W.2d 718; Gosney v. Butler Graded School, 219 Ky. 242, 292 S.W. 781; Whitworth v. Breckinridge County Board of Education, 225 Ky. 222, 7 S.W.2d 1070; Bridges v. Scott County Board of Education, 235 Ky. 141, 29 S.W.2d 594. Indeed, it is conceded that the plan is valid, provided the county board of education has the power to convey a good title to the Fordsville Educational Corporation; but it is claimed that that power no longer exists by reason of section 4399-19, section 4618-44, and section 4618-47, Kentucky Statutes, Baldwin's 1934 Supplement, reading as follows:

"4399-19. The titles to the property previously granted to such district by any party or owned and held by it for common school purposes and the title to all school lands and other property of every kind owned by the district shall be vested in the Commonwealth of Kentucky for the benefit of the district board of education created by this act. In the acquisition of land for school purposes the title thereof shall be made in fee simple, except where land is obtained by condemnation proceedings, and the titles to land now held by boards of education shall be perfected at the earliest date possible. Any reversionary interest in any land now used for school purposes shall not deprive boards of education of buildings or other improvements thereon."

"4618-44. There is hereby created a Department of Public Property which shall consist of the Governor, who shall be Chairman of the Department, the Auditor, the Treasurer, the Secretary of State, the Attorney General, a member of the State Highway Commission, a member of the Department of Public Welfare, the Superintendent of Parks, and the Commissioner of Purchases when designated and appointed by the Governor."

"4618-47. The Department of Public Property, in addition to other duties imposed upon it as provided by law, shall have and exercise control over all property, real or personal, title to which is vested in the Commonwealth of Kentucky, and no property of any kind may be bought for the State by any Department, Board, Commission or Agency, unless said purchase shall have been first approved in writing by

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