DAVIS v. OHIO STATE BOARD. OF EDN.

No. 40875.

13 Ohio St. 2d 24 (1968)

DAVIS ET AL., APPELLEES, v. OHIO STATE BOARD OF EDUCATION, APPELLANT.

Supreme Court of Ohio.

Decided January 10, 1968.


Attorney(s) appearing for the Case

Messrs. Clayman, Jaffy & Taylor, Mr. Stewart R. Jaffy and Mr. James R. McKenna, for appellees.

Mr. William B. Saxbe, attorney general, and Mr. William H. Grubbs, for appellant.


BROWN, J.

The factual basis of the decision in the Court of Appeals is obscure in that the defendant, by answer in the trial court, denied that it had failed to consider the desires of the residents of the affected school districts before concluding that there was a need for reorganization of the school districts and affirmatively asserted that it had considered these desires. The trial court, on the evidence, resolved this issue of fact in favor of the defendant...

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