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STATE BD. OF EDUC. v. GARDEN CITY SCH. DIST.

Docket No. 22756.

62 Mich. App. 376 (1975)

233 N.W.2d 547

STATE BOARD OF EDUCATION v. GARDEN CITY SCHOOL DISTRICT

Michigan Court of Appeals.

Decided June 25, 1975.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Gerald F. Young, Assistant Attorney General, for plaintiff.

Miller, Canfield, Paddock & Stone (by Thomas P. Hustoles and James E. Tobin), for defendant

Amici Curiae: Michigan Education Association and Garden City Education Association, by Levin, Levin, Garvett & Dill (by Harvey I. Wax).

Before: T.M. BURNS, P.J., and M.F. CAVANAGH and O'HARA, JJ.

O'HARA, J.

This is a case in which complete and literal compliance with a state statute is impossible because of the time at which the State Board of Education began its legal action.

Thus indisputably the question becomes how much compliance by the Garden City School District is legally sufficient compliance?

The panel noted this anomaly and persistent bench questioning finally resulted in the conclusion that the state board ordered the district board...

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