BARTCHY v. STATE BD. OF EDN.

No. 2007-0411.

120 Ohio St.3d 205 (2008)

2008-Ohio-4826

BARTCHY ET AL., APPELLEES, v. STATE BOARD OF EDUCATION ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided September 30, 2008.


Attorney(s) appearing for the Case

Manley Burke, Timothy M. Burke, and Emily T. Supinger, for appellees.

David C. DiMuzio, Inc., David C. DiMuzio, and Jennifer B. Antaki, for appellant Cincinnati School District Board of Education.

Nancy Hardin Rogers, Attorney General, William P. Marshall, Solicitor General, Stephen P. Carney, Deputy Solicitor, Todd R. Marti, Assistant Solicitor, and Reid T. Caryer, Assistant Attorney General, for appellant State Board of Education.

Scott, Scriven & Wahoff, L.L.P., Gregory B. Scott, and Jennifer I. Stiff, urging reversal for amicus curiae Ohio School Boards Association.


O'CONNOR, J.

{¶ 1} This case involves an attempt by a group of residents to transfer their property from one school district to another under R.C. 3311.24. The State Board of Education denied the transfer, and the trial court affirmed that order. The court of appeals reversed and ordered that the transfer be approved.

{¶ 2} The appeal presents two distinct issues: (1) whether the residents' pursuit of the transfer...

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