CINCINNATI CITY SCH. DIST. v. CONNERS

No. 2011-0673.

132 Ohio St.3d 468 (2012)

2012-Ohio-2447

CINCINNATI CITY SCHOOL DISTRICT BOARD OF EDUCATION, Appellant, v. CONNERS ET AL., Appellees.

Supreme Court of Ohio.

Decided June 6, 2012.


Attorney(s) appearing for the Case

Frost Brown Todd L.L.C., Douglas R. Dennis , Scott D. Phillips , and Austin W. Musser , for appellant.

1851 Center for Constitutional Law and Maurice A. Thompson , for appellees.

Isaac, Brant, Ledman & Teetor, L.L.P., Mark Landes , and Patrick M. Pickett , urging reversal for amicus curiae Ohio School Boards Association.

Jones Day and Chad Readler , urging affirmance for amici curiae Ohio Alliance for Public Charter Schools, School Choice Ohio, Black Alliance for Educational Options, National Association for Public Charter Schools, and Ohio Coalition for Quality Education.


LANZINGER, J.

{¶ 1} In this action, the Cincinnati City School District Board of Education ("CPS") asks us to rule on the validity of a deed restriction it placed on school property that it offered for sale at public auction. The issue is whether the deed restriction contravenes public policy by preventing an unused school building from being used by a public charter school. While recognizing that the freedom to contract is a broad right...

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