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BROWN v. BOARD OF EDUCATION

No. 69-107.

20 Ohio St. 2d 68 (1969)

BROWN ET AL., APPELLANTS, v. BOARD OF EDUCATION, MONROEVILLE LOCAL SCHOOL DISTRICT, APPELLEE.

Supreme Court of Ohio.

Decided December 3, 1969.

Attorney(s) appearing for the Case

Messrs. Hiltz & Wiedemann and Mr. Robert A. Wiedemann, for appellants.

Mr. Bernard W. Freeman and Mr. Ronald H. Freeman, for appellee.

TAFT, C. J.

Both parties agree that the only question to be decided is whether a private litigant, in an action against a board of education of a local school district, can rely upon adverse possession to obtain title to land held in trust by that board for school purposes.

In State, ex rel. Board of Edn., v. Gibson (1935), 130 Ohio St. 318, 199 N. E. 185, the syllabus reads:

"1. Immunity attaching to the state does not accrue to the...

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