SPITZNAGEL ET AL., Appellants,
v.
STATE BOARD OF EDUCATION ET AL., Appellees.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted December 15, 2009.
Decided June 17, 2010.
Attorney(s) appearing for the Case
Roetzel & Andress, L.P.A., Stephen W. Funk, and David R. Harbarger, for appellants.
Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Alexandra T. Schimmer, Chief Deputy Solicitor General, and Todd R. Marti, Assistant Attorney General, for appellee State Board of Education.
Squire, Sanders & Dempsey, L.L.P., D. Lewis Clark Jr., and Meghan E. Hill, for appellee Bedford City School District.
Chester, Willcox & Saxbe, L.L.P., and Donald C. Brey, urging affirmance for amici curiae city of Bedford, city of Bedford Heights, and village of Oakwood.
Scott, Scriven & Wahoff, L.L.P., and Patrick J. Schmitz, urging affirmance for amicus curiae Ohio School Boards Association.
Janice St. John, urging reversal for amici curiae Edward Thellmann, Karen Mellon, Rita Charsanko, Dean Penix, and Joanne Podojil, members of the Walton Hill Education Network.
Supreme Court of Ohio.
LUNDBERG STRATTON, J.
I
{¶ 1} This case presents two questions for our review: (1) is it error to find that a territory transfer would cause significant detriment to the fiscal or educational operation of the transferring school district under Ohio Adm.Code 3301-89-02(B)(9) based only upon a showing of a potential loss of revenue, and (2) is it error to rely upon racial factors in a denial of a school transfer petition when the racial impact...
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