State ex rel. Workman v. Holmes County Board of Education
State ex rel. Workman v. Holmes County Board of Education
Opinion of the Court
The following facts are alleged in the petition for a writ of mandamus filed in this court:
On September 15, 1938, there was filed with the Holmes County Board of Education, pursuant to Section 4696, G-eneral Code, a petition signed by more than seventy-five per cent of the resident electors of Washington Rural School District in Holmes county, requesting the transfer of territory to the contiguous Loudonville Exempted Village School District situated partly in Ashland and Knox counties.
The Holmes County Board of Education prior to that date had not considered or adopted a plan of organization for 1938, pursuant to Section 7600-1 et seq.,
Later the Holmes County Board of Education adopted three resolutions one transferring a portion of the territory described in the transfer petition to the Loudonville Exempted Village School District and the other two resolutions transferring portions to two other special school districts.
Other facts, which are not essential to a decision, are pleaded in the mandamus petition.
The relators seek a writ to compel the county board and Director of Education to rescind and revoke the adoption and approval of the plan of organization for 1938 in so far as it pertains to the schools and territory in Washington Rural School District and to require the county board to approve and adopt the petition for transfer and to take necessary steps to transfer all the territory to the Loudonville Exempted School District.
The demurrer of the respondents to the petition for mandamus is overruled and, the respondents not desiring to plead further, a writ of mandamus is allowed, on authority of State, ex rel. Adsmond, v. Board of Education of Williams County School District, ante, 383.
Writ allowed.
Reference
- Full Case Name
- The State, ex rel. Workman v. Holmes County Board of Education
- Status
- Published