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Merit Decision. Court Invalidates Deed Restriction in Sale of Unused Public School Building. Cincinnati City School Dis. Bd. Of Edn. v. Conners. — 1 Comment

  1. This was probably my favorite case that I looked at this year while working on the blog. To add a little to Professor Bettman’s thoughts, one thing that stuck out in my mind when I read the decision was Justice Lanzinger’s quick mention in ¶ 21 about how the deed restriction was not neutral. While the property could not be used by others for classroom purposes, CPS allowed itself the opportunity to use the property for school purposes in the future if it repurchased the property. This restriction further goes to show how the deed restriction worked against Ohio public policy. By inserting the restriction, CPS attempted to eliminate any outside competition in the public school market while still allowing itself to have a school on the property should it choose to do so. This directly goes against Ohio’s public policy of encouraging school choice and opening up the public education market to charter schools.

    –Jason Persinger, UC Law 2012, 2011-2012 Legally Speaking Ohio Student Contributor