Opinion

Bartchy v. State Board of Education

  • 120 Ohio St. 3d 205
  • 897 N.E.2d 1096
Court
Ohio Supreme Court
Filed
Sep 30, 2008
Status
Published
Author
Lanzinger
On the bench
Connor, Cupp, Donnell, Lanzinger, Moyer, Only, Pfeifer, Stratton, Syllabus
Cited by
60 cases

noting that while an agency’s findings of fact are not conclusive, they are presumed correct and “must be deferred to by a reviewing court unless that court determines that the agency’s findings are internally inconsistent, impeached by evidence of a prior inconsistent statement, rest upon improper inferences, or are otherwise unsupportable.”

How later courts described this case

  • noting that while an agency’s findings of fact are not conclusive, they are presumed correct and “must be deferred to by a reviewing court unless that court determines that the agency’s findings are internally inconsistent, impeached by evidence of a prior inconsistent statement, rest upon improper inferences, or are otherwise unsupportable.”
  • noting that Ohio Adm.Code 3301-89-01 sets forth the general policies of the state board regarding requests for territory transfers, including that the primary merit consideration is the good of the pupils involved

Written by the judges who cited it.

The opinion

Lanzinger, J.,

concurring in syllabus and judgment only.

{¶ 98} In my view, this case boils down simply to the fact that the Madeira city residents failed to carry their burden to show that their properties should be transferred from the Cincinnati to the Madeira school district. The State Board of Education properly denied the transfer because of the lack of sufficient evidence, and the trial court properly affirmed that order. I join in the judgment solely because the court of appeals substituted its judgment for that of the trial court on issues of fact. I also concur in the syllabus because R.C. 3311.06 does not prevent the residents from pursuing a transfer of property under R.C. 3311.24.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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