# Marty v. Board of Education

> Supreme Court of Oklahoma · August 15, 1997 · 68 O.B.A.J. 2775

URL: https://www.frixlaw.com/law-library/cases/9568124

## Case

- **Full name:** Marty and Peggy HILL, Parents and Guardians of Mark James Hill, a Minor, Appellees, v. BOARD OF EDUCATION, District I-009, Jones, Oklahoma, Appellant
- **Court:** Supreme Court of Oklahoma
- **Decided:** August 15, 1997
- **Citations:** 68 O.B.A.J. 2775; 944 P.2d 930; 1997 OK 111; 1997 Okla. LEXIS 107; 1997 WL 473641
- **Precedential status:** Published
- **Opinion:** Concurrence by Ala
- **Judges:** Watt, Ala, Kauger, Summers, Hodges, Lavender, Hargrave, Wilson, Opala
- **Cited by:** 35 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/9568124

## Opinion text

OP ALA, J.,
concurring in result.
I concur in result. The trial court’s ruling for the child’s transfer should be affirmed on a legal basis different from that urged below and on appeal. The public interest clearly supports the child’s position. That interest favors continuity of attendance “once a child’s residential status has been honestly established and openly maintained.... ” The school district is hence estopped by a long period of acquiescence to refuse the transfer that was sought in this ease. Burdick v. Independent School Dist., 1985 OK 49 , 702 P.2d 48, 54-56 .

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9568124. Public record. Not legal advice.