Opinion
No. 33351
Decided November 18, 1953.
Appeal — From judgment of Common Pleas Court — Rendered on appeal from order of Department of Education — Parties appellant — Neither director of education nor High School Board may appeal.
APPEAL from the Court of Appeals for Williams county.
ON MOTION to dismiss.
The director of education, an appellant herein, upon the recommendation of the appellant High School Board in Department of Education of the State of Ohio, revoked the high school charter of Millcreek Local School District, without the appellee board of education having received notice or having been afforded a formal hearing. The board of education and others appealed from the order of revocation to the Court of Common Pleas, under authority of Section 154-73, General Code, formerly a part of the Administrative Procedure Act.
The Court of Common Pleas reversed and set aside the order of revocation.
The Court of Appeals affirmed the judgment of the trial court.
The allowance of a motion to certify the record brings the cause to this court for review.
Messrs. Newcomer, Newcomer Shaffer, for appellees.
Mr. C. William O'Neill, attorney general, Mr. Joseph S. Gill and Mr. George C. McConnaughey, Jr., for appellants.
The cause is now before this court on motion to dismiss the appeal "for the reason that there is no constitutional or legislative authority for such appeal."
The Administrative Procedure Act, formerly Sections 154-61 to 154-74, General Code, is applicable. It did not confer upon the appellants herein, the director of education and the High School Board, the right to appeal from a judgment of the Court of Common Pleas rendered on appeal from an order of the Department of Education. Corn v. Board of Liquor Control, ante, 9, 113 N.E.2d 360.
The motion to dismiss the appeal is sustained, and the appeal is dismissed.
Appeal dismissed.
WEYGANDT, C.J., MIDDLETON, HART, ZIMMERMAN and STEWART, JJ., concur.
TAFT, J., concurs in the judgment.
LAMNECK, J., not participating.