Opinion
No. 34546
Decided March 7, 1956.
Schools — Creation of new districts — Boards of education — Bond issue election — Quo warranto — Dismissal — Moot questions.
APPEAL from the Court of Appeals for Lawrence County.
In May 1954, the County Board of Education of Lawrence County attempted by resolution to create a new school district to be known as the Hanging Rock Local School District and, a few days thereafter, attempted by a similar resolution to create another district to be known as the Lawrence-Aid School District. Both districts began to organize. In August 1954, the Attorney General found the creation of the Lawrence-Aid district to be null and void.
Thereafter the Hanging Rock board ceased to function. All employment contracts and other matters continued to be handled for the school year 1954-1955 by the Rock Hill Local School District board, from which district territory had been separated to form the Hanging Rock district. In May 1955, the Rock Hill district board determined to issue bonds for new buildings.
Before the election on the bond issue, the members of the Hanging Rock board instituted in the Court of Appeals this action in quo warranto to require the members of Rock Hill local board to answer by what warrant they claim to be lawfully the constituted board authorized to exercise the privileges of the board for the territory which is included in the Hanging Rock district, to enjoin them from doing any acts in the administration of the school affairs of the Hanging Rock district, pending the suit, and to enjoin them from submitting to the electors of Hanging Rock district any question regarding the issuing of bonds.
The Court of Appeals denied the writ.
An appeal as of right brings the cause to this court.
Mr. J. Earl Pratt, for appellants.
Mr. O.E. Irish and Mr. Elliott E. Meyers, for appellees.
The administration of the Hanging Rock district has continued to be carried on by the board of the Rock Hill district, the members of the Hanging Rock district board have ceased to function as a board, their terms of office have expired, and the election on the bond issue has been held and resulted favorable to the issue.
The issues having become moot, the appeal is dismissed on authority of Miner v. Witt, City Clerk, 82 Ohio St. 237, 92 N.E. 21.
Appeal dismissed.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, STEWART, BELL and TAFT, JJ., concur.