Warren v. Davidson
| Decision Date | 21 May 1962 |
| Docket Number | No. 21631,21631 |
| Citation | 218 Ga. 25,126 S.E.2d 221 |
| Parties | Robert F. WARREN et al. v. Charles L. DAVIDSON, Sr., Chairman et al. |
| Court | Georgia Supreme Court |
Syllabus by the Court
Since management and control of a county's public schools, except independent school systems located therein, is vested by law in its board of education, the action of such board in selecting a site for an elementary school building will not be controlled by a court of equity unless there is such an abuse of its discretion as amounts to a violation of law.
Walter E. Baker, Jr., Decatur, for plaintiffs in error.
Murphey Candler, Jr., Decatur, Eugene T. Branch, Atlanta, Jones, Bird & Howell, Atlanta, for defendants in error.
On February 7, 1962, Robert F. Warren and five others alleging themselves to be residents, citizens, taxpayers, voters, and patrons of the 'Lithonia School District in DeKalb County, Georgia' brought a suit against five named persons in their respective official capacities as members of the DeKalb County Board of Education and also against the State School Building Authority, and prayed that they be enjoined from erecting a new elementary school building consisting of 17 classrooms in the Lithonia school area on a ten-acre tract, which the county's board of education had selected and purchased for its location. So far as need be stated, the petition alleges: Lithonia is the center of population of that particular school area in DeKalb County and the site selected by the school board for a new elementary school building is approximately one-fourth of a mile southwest of the city's limits between Chupp Road and the Covington Highway and just west of Spring Street. 'A group of citizens' filed objections to the proposed location of the building with the county's board of education, and a hearing was afforded them on June 6, 1961. The board denied their request to locate the building at a different place, and on an appeal to the State Board of Education, the county board's action was sustained on September 13, 1961. The proposed site has been conveyed to the State School Building Authority and a lease has been executed in which the Authority is the lessor and the DeKalb County Board of Education is the lessee. The State School Building Authority has approved all plans for the new building and will expend $393,121 for construction of it; that certificates have been validated and sold by the Authority for the purpose of financing its construction; and that sealed bids will be opened by the Authority on February 8, 1962, and a contract for its erection will be awarded by the Authority to the lowest bidder unless an injunction is granted. The petition also alleges that the board owns three other tracts of land...
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