BOATRIGHT v. BROWN, Member of Carroll County Board of Education et al., 222 Ga. 497, 150 S.E.2.d 680 (1966)
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Judgment affirmed. All the Justices concur.
Summary
Judgment affirmed. All the Justices concur.
Text
C. C. Perkins, for appellant.
Cecil Boatright brought a suit for injunction in Carroll Superior Court against the members of the Carroll County Board of Education and the School Superintendent of that county. The petition sought to enjoin the defendants from taking any steps to effectuate or to implement a consolidation resolution passed by the county board of education and to declare the offices of the members of the county board of education vacant and order a new election. The relief sought was predicated on two principal grounds: (1) that Art. VIII, Sec. V, Par. I of the Georgia Constitution (Code Ann. 2-6501) providing for the selection of the members of the county board of education by the grand jury of the county violates the Fourteenth Amendment to the United States Constitution, and hence the board is illegally constituted and elected; (2) that the acts of the board of education in approving a reorganization resolution for the county schools are illegal because such acts constitute a gross abuse of discretion and contravene the United States Constitution and the Civil Rights Act of 1964 in that the provisions for reorganization of the schools discriminate against "Negro petitioners."
The trial judge sustained certain stated general demurrers filed by the defendants and the plaintiff appeals. Held:
1. "Membership on a board of education is a public office." Conley v. Brophy,
The trial judge did not err in dismissing file petition.
Tisinger & Tisinger, Robert D. Tisinger, Richard Tisinger, for appellees.
1966
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This document cites
- Supreme Court of Georgia - CARTER v. BOARD OF EDUCATION OF RICHMOND COUNTY et al., 221 Ga. 775, 147 S.E.2.d 315 (1966)
- Supreme Court of Georgia - OTWELL, by Next Friend v. WEST et al., 220 Ga. 95, 137 S.E.2.d 291 (1964)
- Supreme Court of Georgia - BEDINGFIELD et al. v. PARKERSON et al., 212 Ga. 654, 94 S.E.2.d 714 (1956)
- Supreme Court of Georgia - CONLEY et al. v. BROPHY et al., 207 Ga. 30, 60 S.E.2.d 122 (1950)
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