County Board of Education v. Boehm

Citations

• 102 Ohio St. (N.S.) 292

Syllabus

<p>Schools — New districts created, how — Section 4736, General Code —Scope of power of county board — Remonstrance by electors — Statutory construction — Repeals and new enactments — Presumption as to legislative intent.</p> <p>1. When an existing statute is repealed and a new and different statute upon the same subject is enacted, it is presumed that the legislature intended to change the effect and operation of the law to the extent of the change in the language thereof.</p> <p>2. Where the legislature in plain and unambiguous language within the scope of its constitutional power vests the power and discretion in a county board of education to “create a school district from one or more school districts or parts thereof” no presumption arises that it was the intention of the legislature that the power and discretion thus vested in such board was intended to be limited or controlled by other sections of the Code theretofore enacted and unrepealed, providing for an entirely different mode of transferring territory from one district to another.</p> <p>3. Section 4736, General Code, vests in the county board of education the power to create a new school district from an existing district and a part of another existing district, and, in the absence of fraud, bad faith, or the taking of such arbitrary, whimsical and unreasonable action by the board as amounts to an abuse of discretion, the only limitation upon such power and discretion is the limitation contained in that section providing for a remonstrance by a majority of the qualified electors residing in the territory affected by such order.</p>