Reply Brief — Enterprise Consolidated School District v. Lauderdale County

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- Eunrema Court, WS

+ BILLED

No. 94-482 ~—s_—i| c |

‘

In The OFFICE St THE CLERK i

Supreme Court of the United States

October Term, 1994

¢

ENTERPRISE CONSOLIDATED SCHOOL DISTRICT,

by and through Its Board of Trustees,

‘ Petitioner,

THE LAUDERDALE COUNTY,

MISSISSIPPI SCHOOL DISTRICT,

by and through Its Board of Education, et al.,

and the

QUITMAN, MISSISSIPPI SCHOOL DISTRICT,

by and through Its Board of Trustees, et al.,

Respondents,

Consolidated with

ENTERPRISE CONSOLIDATED SCHOOL DISTRICT,

Petitioner,

V.

QUITMAN CONSOLIDATED SCHOOL DISTRICT,

Respondent.

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On Petition For A Writ Of Certiorari

To The United States Court Of Appeals

For The Fifth Circuit

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REPLY BRIEF IN SUPPORT

OF PETITION FOR WRIT OF CERTIORARI

¢

Dennis L. Horn Rosert E. CoviINGTON, Jr.

SHIRLEY PAyYNe Potty J. COVINGTON

P. O. Box 1725 ri. Box.779 -

Jackson, MS 39215 Quitman, MS 39355

(601) 373-0170 (601) 776-2136

Counsel for Petitioner

October 27, 1994

COCKLE LAW BRIEF PRINTING COQ., (800) 225-6964 i

OR CALL COLLECT (402) 342-2831 YY ie

No. 94-482

4

In The

Supreme Court of the United States

October Term, 1994

+

ENTERPRISE CONSOLIDATED SCHOOL DISTRICT,

by and through Its Board of Trustees,

Petitioner,

Vv.

THE LAUDERDALE COUNTY,

MISSISSIPPI SCHOOL DISTRICT,

by and through Its Board of Education, et al.,

and the

QUITMAN, MISSISSIPPI SCHOOL DISTRICT,

by and through Its Board of Trustees, et al.,

Respondents,

Consolidated with

ENTERPRISE CONSOLIDATED SCHOOL DISTRICT,

> Petitioner,

QUITMAN CONSOLIDATED SCHOOL DISTRICT,

Respondent.

*

On Petition For A Writ Of Certiorari

To The United States Court Of Appeals

For The Fifth Circuit

*

REPLY BRIEF IN SUPPORT

OF PETITION FOR WRIT OF CERTIORARI

4

Courts cannot allow the fundamental constitutional

right of innocent citizens to attend desegregated schools

to be waived by the failure of a school board to seek a

timely remedy against intentional segregation. The effect

of the Fifth Circuit’s holding equitable estoppel to be a

bar to Enterprise School District’s effort to void a racially

charged school annexation contract is to cause the Enter-

prise School to go from approximately 70% to 91.4%

white, by the assignment of the Stonewall area black

students to the majority black Quitman School. The Court

of Appeals’ holding that discriminatory portions of the

annexation contract are racially severable is contrary to

Shelley v. Kramer, 334 U.S. 1 (1948). The result is that the

original intent of the annexation contract has been real-

ized. School segregation has become court approved.

A racially charged contract annexing territory so long

as the students remain segregated by race certainly meets

Milliken’s requirement that racial discrimination of one

school district have a significant segregative effect on

another school district. Contrary to the contentions of the

Respondent, there is a split in the circuits on the applica-

tion of Milliken v. Bradley, 418 U.S. 717 (1974) to similar

sets of facts. See, e.g., Hoots v. Pennsylvania, 672 F.2d 1107,

1121 (3d Cir. 1982).

Respectfully submitted,

Dennis L. Horn

Counsel of Record

SHIRLEY PAYNE

P. O. Box 1725

Jackson, MS 39215-1725

(601) 373-0170

RoBERT E. COvINGTON, JR.

Potty J. CoOvINGTON

P. O. Box 779

Quitman, MS 39355

(601) 776-2136

Counsel for Petitioner