IN THE MATTER OF REQUEST FOR TRANSFER OF TERRITORY FROM THE FRANKLIN CITY SCHOOL DISTRICT

No. 08AP-871.

2009 Ohio 2505

In the Matter of: The Request for Transfer of Territory from the Franklin City School District, Warren County, to the Middletown City School District, Butler and Warren Counties, Pursuant to Section 3311.06 of the Revised Code, (Middletown City School District, Appellant).

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on May 28, 2009.


Attorney(s) appearing for the Case

Frost Brown Todd LLC, Thomas B. Allen and Michael K. Yarbrough, for appellant.

Richard Cordray, Attorney General, and Christa T. Metzger, for Ohio State Board of Education.

Kimberly Hall, for Department of Education.

Ennis, Roberts & Fischer LPA, C. Bronston McCord III, and Jeremy J. Neff, for Franklin City School District.


DECISION

McGRATH, J.

{¶1} Pursuant to R.C. 119.12, the Middletown City School District ("Middletown") appeals from a decision of the Franklin County Court of Common Pleas which affirmed a decision of the Ohio State Board of Education ("State Board"), denying its request for a transfer of territory pursuant to R.C. 3311.06.

{¶2} On September 23, 2005, Middletown filed with the State Board a request for a school...

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