Territory from Cleveland City School Dist., In re
| Decision Date | 29 June 1982 |
| Parties | , 9 Ed. Law Rep. 1036, 4 O.B.R. 130 In re Transfer of TERRITORY FROM the CLEVELAND CITY SCHOOL DISTRICT. |
| Court | Ohio Court of Appeals |
Syllabus by the Court
The act of the Ohio State Board of Education disapproving a transfer of territory pursuant to R.C. 3311.24 is similar to disapproval of a transfer pursuant to R.C. 3311.06 and, as such, is a legislative act, which is not appealable pursuant to R.C. 119.12. (Bd. of Edn. of Marion v. Bd. of Edn. of Elgin, 66 Ohio St.2d 152, 420 N.E.2d 990 , applied.)
Peter P. Lograsso and Thomas A. Kondzer, Cleveland, for appellants Nowak et al.
William J. Brown, Atty. Gen., and Gary E. Brown, Asst. Atty. Gen., for appellee State Bd. of Educ.
Squire, Sanders & Dempsey and James P. Murphy, Cleveland, for appellee Bd. of Educ. of the Cleveland City School Dist.
This matter is before us on the appeal of the village of Newburgh Heights from a judgment of the Court of Common Pleas of Franklin County dismissing, for lack of jurisdiction, its appeal from a decision of the State Board of Education denying a request to transfer the territory in the village of Newburgh Heights from the Cleveland City School District to the Cuyahoga Heights Local School District.
The village of Newburgh Heights is a community of approximately 3,500 residents, comprising an area of approximately one square mile. The village is bounded on the east and north by the city of Cleveland and on the west and south by the village of Cuyahoga Heights. The territory is in the Cleveland City School District. In 1979, two hundred nine children in Newburgh Heights attended public school.
In 1970 and 1976, Newburgh Heights unsuccessfully petitioned the State Board of Education to transfer its territory from the Cleveland City School District. On February 8, 1978, the village petitioned the Cleveland City School District to transfer the village's territory to another school district. The Cleveland City School Board certified the proposal to the State Board of Education. The State Board of Education, for reasons not germane to this appeal, denied the transfer. The village then attempted to perfect an appeal of the board's decision to the Court of Common Pleas of Franklin County pursuant to R.C. 119.12. While the appeal was pending, the Supreme Court of Ohio held, in the case of Bd. of Edn. of Marion v. Bd. of Edn. of Elgin (1981), 66 Ohio St.2d 152, 420 N.E.2d 990 , that the decision of the State Board of Education denying a transfer of territory pursuant to R.C. 3311.06 could not be appealed to the court of common pleas under R.C. Chapter 119. The trial court in this case then held that the decision of the Supreme Court in Bd. of Edn. of Marion, supra, also applied to an appeal from a decision of the State Board of Education under R.C. 3311.24. For that reason, the trial court dismissed appellant's appeal for lack of subject matter jurisdiction.
In support of its appeal, the village raises the following assignment of error:
Our decision in this case is controlled by our determination of whether the case of Bd. of Edn. of Marion v. Bd. of Edn. of Elgin, supra, applies to an appeal from a decision of the State Board of Education rendered pursuant to R.C. 3311.24. In the Bd. of Edn. of Marion case, the Supreme Court held that the State Board of Education acts in a quasi-legislative capacity when it considers an application for transfer of school district territory pursuant to R.C. 3311.06, and that there is, therefore, no appeal from that decision to the court of common pleas under R.C. 119.12.
R.C. 3311.06 provides for the annexation of school district territory incidental to the annexation of the same territory by a city or village. The application for transfer of territory in the instant case was made pursuant to R.C. 3311.24, which provides for transfer of school district territory, independent of any transfer of the territory for other purposes. The application is made upon the petition from the board of education or the electors of the school district. The village submits that this distinction renders inapplicable to the instant case, the Supreme Court's decision in Bd. of Edn. of Marion, supra. We disagree.
The village's argument that the state board's functions and duties under R.C. 3311.06 are different from its duties and functions under R.C. 3311.24 is not supported by our review of the statutes. The case of Bd. of Edn. v. State Bd. of Edn. (1976), 45 Ohio St.2d 117, 341 N.E.2d 589 , does stand for the proposition that the action of the state board is administrative, rather than legislative, if there are guidelines for the board to follow in making its decision. The village cites the case of ...
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Rossford Exempted Village School Dist. v. State Bd. of Educ., 88-1243
...to the court of common pleas, overruled a previous ruling of the Court of Appeals for Franklin County, In re Transfer of Territory (1982), 4 Ohio App.3d 78, 4 OBR 130, 446 N.E.2d 493. The court of appeals in Transfer concluded that the reference to appealability pursuant to R.C. 119.12 made......
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Assignment of New Riegel Local School Dist., In re
...3313.90 and 3313.911 are also quasi-legislative in nature and not reviewable under R.C. 119.12. See, also, In re Transfer of Territory (1982), 4 Ohio App.3d 78, 446 N.E.2d 493. Those cases, however, are inapplicable herein because R.C. 3313.90 and 3313.911 are different from R.C. 3311.06, a......
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Rossford Exempted Village School District v. State Board of Education, 88-LW-1597
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