# Bartchy v. State Board of Education

> Ohio Supreme Court · September 30, 2008 · 120 Ohio St. 3d 205

URL: https://www.frixlaw.com/law-library/cases/6793336

## Case

- **Full name:** Bartchy v. State Board of Education
- **Court:** Ohio Supreme Court
- **Decided:** September 30, 2008
- **Citations:** 120 Ohio St. 3d 205; 897 N.E.2d 1096
- **Precedential status:** Published
- **Opinion:** Concurrence by Lanzinger
- **Judges:** Connor, Cupp, Donnell, Lanzinger, Moyer, Only, Pfeifer, Stratton, Syllabus
- **Cited by:** 60 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6793336

## How later opinions describe it (automated extraction)

- 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 stateme…
- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6793336. Public record. Not legal advice.