STATE EX REL. BELL v. CAMBRIDGE BD. OF EDUCATION

No. 75-766.

45 Ohio St. 2d 316 (1976)

THE STATE, EX REL. BELL ET AL., APPELLEES, v. CAMBRIDGE BD. OF EDUCATION ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 24, 1976.


Attorney(s) appearing for the Case

Mr. John M. Smith and Mr. David J. Rohrer, for appellees.

Messrs. DeSelm & Moore and Mr. Richard A. Baker, for appellants Kristine Heston et al.

Mr. Frank K. Leyshon, city solicitor, for appellants Cambridge Board of Education et al.


Per Curiam.

Appellants' basic contention is that R. C. 3311.24, the controlling statute herein, vests discretionary authority in the Cambridge board of education, rather than a mandatory duty, to adopt a resolution transfering the territory in question.

It is clear that R. C. 3311.24 requires the board of education in which the territory is located to transfer the territory upon approval by the State Board of Education. The statute mandates that the...

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