DocketNumber: No. 6094
Citation Numbers: 166 N.E.2d 253, 110 Ohio App. 527
Judges: DUFFY, J.
Filed Date: 9/29/1959
Status: Precedential
Modified Date: 7/6/2016
From November 1954 to December 1957 there were several annexation proceedings which resulted in the transfer of territory from the Whitehall City School District to the City School District of Columbus, Ohio. During those years there was no division made of the funds and indebtedness of and between the respective school districts as required by Section
"The territory included within the boundaries of a city, local, exempted village, or joint vocational school district shall be contiguous except where a natural island forms an integral part of the district. *Page 528
"When territory is annexed to a city or village, such territory thereby becomes a part of the city school district or the school district of which the village is a part, and the legal title to school property in such territory for school purposes shall be vested in the board of education of the city school district or the school district of which the village is a part; provided, that when the territory so annexed to a city or village comprises part but not all of the territory of a school district, the said territory shall become a part of the said city school district or the school district of which the village is a part only upon approval by the State Board of Education. In event territory is transferred from one school district to another under this section, an equitable division of the funds and indebtedness between the districts involved shall be made under the supervision of the State Board of Education and that board's decision shall be final. After the effective date of this section, no action with regard to the transfer of school district territory pursuant to annexation to a municipality shall be completed in any other manner than that prescribed by this section."
On August 11, 1958, the State Board of Education ordered the City School District of Columbus, Ohio, to assume an additional $289,036 of bonded debt and interest of the Whitehall City School District in order that the Whitehall City School District could provide additional facilities to the balance of the children unhoused by the transfer of the Courtright Elementary School building which they found necessary to replace.
On August 22, 1958, the attorney for the City School District of Columbus issued a formal request or demand upon the Superintendent of Public Instruction of the State Board of Education of Ohio for a rehearing of the adjudication or resolution of the State Board of Education in which they directed the City School District of Columbus to assume the additional $289,036 of bonded debt and interest of the Whitehall City School District, which amount was over and above the agreed assumption of indebtedness in the amount of $243,177.70. The request was made pursuant to the provisions of Section
The organization, qualifications, powers and duties of the State Board of Education are set out in the provisions of Sections
In Section
It is the contention of the appellant State Board of Education that in acting under the provisions of Section
"By virtue of the provisions of Section 35, Article II of the state Constitution, the decision of the Industrial Commission in a claim for an additional award for violation of a specific requirement is final. No appeal from such decision is authorized. Where decisions, granting or refusing such awards, have been attacked by proceedings in mandamus, this court has repeatedly held that such decisions will not be set aside in the absence of proof of an abuse of discretion by the commission. See State, ex rel. Richardson, v. Industrial Commission,
See, also, the discussion in Slatmeyer v. IndustrialCommission,
The appellee contends, and the trial court agreed, that the word, "final," meant appealable, and cited in support the case ofMannix v. Commissioners of Hamilton County,
It should be noted that Section
The section making the decision of the State Board of Education final was passed by the Legislature at the same session in which the present Department of Education was created, and it would appear that it was the intention of the Legislature to prohibit an appeal by the school districts involved from this particular decision, as the section definitely states "that board's decision shall be final."
This does not preclude an action contesting the decision of the State Board of Education but does remove the action of the school board from the appellate procedures, including those governed by the Administrative Procedure Act found in Section 119 of the Revised Code. An original action in mandamus is possible to set aside the decision where the board does not make an equitable division of the funds and indebtedness. See State, exrel. Board of Education of Swanton Village School District, v.Board of Education of Sharples Village School District,
The judgment of the Court of Common Pleas is, therefore, reversed, and the cause is remanded to the court with instructions to enter final judgment for the defendant.
Judgment reversed.
BRYANT, P. J., and WISEMAN, J., concur.
WISEMAN, J., of the Second Appellate District, sitting by designation in the Tenth Appellate District. *Page 532
State, Ex Rel. v. Ind. Com. , 148 Ohio St. 165 ( 1947 )
State v. Stove Co. , 154 Ohio St. 27 ( 1950 )
State, Ex Rel. v. Bateman , 119 Ohio St. 475 ( 1928 )
State, Ex Rel. v. Industrial Commission , 128 Ohio St. 570 ( 1934 )
State, Ex Rel. v. Indus. Comm. , 145 Ohio St. 102 ( 1945 )