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McGwinn v. Board of Education

Supreme Court of Ohio
Dec 18, 1946
70 N.E.2d 776 (Ohio 1946)

Opinion

No. 30831

Decided December 18, 1946.

Supreme Court — Dismissal — No debatable constitutional question involved — State and federal authority — Federal housing projects — Lands acquired by United States with consent of state — Projects operated in conjunction with state under its housing laws — Public school service to residents of projects — No payment by United States for school service — No tuition charged — Section 4836-1, General Code — Requiring free education in school district under control of board of education — Section 4838-2, General Code — Defining school residence as actual residence in district — And requiring tuition from nonresidents — Jurisdiction acquired by United States — Insufficient to oust control of board over district, when — Insufficient to change residence status, when — Jurisdiction to furnish education service retained by state, when — Sections 1078-52, 1078-53 and 1078-54, General Code — Equal protection of laws — Common schools — Uniform taxation — Section 2, Article I, Section 2, Article VI, and Section 2, Article XII, Constitution.

APPEAL from the Court of Appeals for Cuyahoga county.

Messrs. Schweid, Snyder, Torbet Zucker, for appellants.

Mr. Lee C. Howley, director of law, and Mr. Charles W. White, for appellees.


It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.


Summaries of

McGwinn v. Board of Education

Supreme Court of Ohio
Dec 18, 1946
70 N.E.2d 776 (Ohio 1946)
Case details for

McGwinn v. Board of Education

Case Details

Full title:McGWINN ET AL., APPELLANTS v. BOARD OF EDUCATION OF CLEVELAND CITY SCHOOL…

Court:Supreme Court of Ohio

Date published: Dec 18, 1946

Citations

70 N.E.2d 776 (Ohio 1946)
70 N.E.2d 776

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