STATE, EX REL. BOERGER v. BD. OF EDN.

No. 33255.

160 Ohio St. 527 (1954)

THE STATE, EX REL. BOERGER ET AL., v. BOARD OF EDUCATION OF THE MADISON COUNTY SCHOOL DISTRICT, MADISON COUNTY.

Supreme Court of Ohio.

Decided February 3, 1954.


Attorney(s) appearing for the Case

Mr. Clifton L. Caryl and Messrs. Knepper, White & Dempsey, for relators.

Messrs. Crabbe & Tanner, for respondent.


Per Curiam.

Respondent contends that it is not mandatory that the territory be transferred merely because a petition bearing the signatures of more than 75 per cent of the electors was filed with the county board; that the county board has discretion in transferring or not transferring the territory; and that the superintendent abused his discretion in allowing the transfer. No appeal was taken therefrom.

All statutory procedural steps have been complied...

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