Brown v. Baldwin
Brown v. Baldwin
Opinion of the Court
delivered the opinion of the court.
Upon the application of eight citizens and tax-payers of the city of Radford, an injunction was awarded in this case enjoining and restraining the board of trustees of the Radford Normal School from entering into a contract for the purchase of certain property within the city of Rad-ford known as the “Heth property,” as a site for such school, and enjoining and restraining the finance committee of the city council of Radford from paying for such site, upon the ground that the act creating the Radford Normal School makes the selection of the “Adams site,” mentioned therein, obligatory, and leaves the board of trustees appointed under the act without discretion as to the physical location of the school; and upon the further ground that the board was an illegal body without lawful existence or power to act until their appointment by the governor had been ratified by the Senate of Virginia.
The act creating the Radford Normal School does not, as contended by appellants, confine the board of trustees to the Adams site as a location for the school establishment; on the contrary, under the facts disclosed by the record, we are of opinion that the board had the power to select, in its discretion, a site within the corporate limits of the city of Radford.
The controlling question, however, raised by the record, involves the right of appellants to come into a court of equity for the purposes of this suit.
It clearly appears from the record that the appellants
Not only have the appellants no interest which permits them to ask for relief in equity in the matter of selecting a site for this normal school, but their attack upon the title of the trustees, as such, is unavailing as a ground for maintaining this proceeding to enjoin and restrain the trustees from discharging their public duties.
The law upon this subject is well settled, and is sufficiently stated in High on Injunctions (4th ed.), sec. 1312, where the learned author says: “No principle of the law of injunctions, and perhaps no doctrine of equity jurispru
Affirmed.
Reference
- Full Case Name
- Brown and Others v. Baldwin and Others
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Radford Normal School — Selection of Site. — The act creating the Radford Normal School does not confine the board of trustees mentioned to a particular site as the location of said school, but gives the board power to select, in its discretion, a site within the corporate limits of the city of Radford. 2. Injunctions — Interest of Complainants — Schools—Site for State Normal School — Case in Judgment — Discretion of Trustees.-— The principle that citizens may sue in equity to restrain a municipal corporation from creating an unauthorized debt, or illegally expending the money of the municipality, has no application to the case in judgment in which no such relief is sought, but it is sought to compel a board of trustees, who have discretion in the matter, to select a particular site for a State normal school. The board of trustees being invested with full power and authority to select the site in a designated city for the school (a purely State institution), the complainants have no such interest in the subject of litigation as will enable them to maintain the suit. The school being a State institution, administered for the benefit of the whole State by one of its own instrumentalities, the interest of local citizens is not different from that of the general public. 3. Officers — Injunctions—Title to Public Office. — Courts of equity will not interfere by injunction to determine questions concerning the appointment or election of public officers, or their title to office. These are legal questions for a court of law only. Nor, for a like reason, will they enjoin persons from exercising the functions of public offices on the ground of the illegality of the law under which the appointments were made.