Opinion
19099.
ARGUED SEPTEMBER 14, 1955.
DECIDED OCTOBER 11, 1955.
Petition for injunction. Before Judge Lilly. Thomas Superior Court. July 14, 1955.
Conger Conger, for plaintiffs in error.
J. J. Gainey, Titus, Altman Johnson, contra.
The contractual powers of county boards of education under the Constitution of 1945, art. VII, sec. VI, par. I (Code, Ann., § 2-5901), and art. VIII, sec. IX, par. I (Code, Ann., § 2-7201), are limited by the provisions of art. VIII, sec. V, par. I (Code, Ann., § 2-6801), of the same Constitution, which provides in part: "Each county, exclusive of any independent school system now in existence in a county, shall compose one school district and shall be confined to the control and management of a County Board of Education." The contract before the court in the present case clearly provides that "All matters concerning said joint high school program shall be subject to the approval of both" the county board of education and the board of education of the independent school district. The control and management of the proposed new high school would not be confined to the county board of education, and the contract is therefore unauthorized and void.
Judgment reversed. All the Justices concur.
ARGUED SEPTEMBER 14, 1955 — DECIDED OCTOBER 11, 1955.
J. C. Tipton and eleven other persons, as residents and taxpayers of Thomas County, filed a petition for equitable relief against A. E. Speer and others named, as the County Board of Education of Thomas County, and W. H. Rehberg, as County School Superintendent of Thomas County. It was alleged: An act creating the Thomas County Board of Education was passed in 1872 (Ga. L. 1872, p. 490). An independent school system of public schools was established for the City of Thomasville in 1900 (Ga. L. 1900, p. 451). On or about June 10, 1955, a contract was made and executed by the defendants as members of the county board of education with the school system of the City of Thomasville, a copy of the contract being attached and designated as Exhibit "A." In the contract the Board of Education of Thomas County in its official capacity is required at its expense to acquire lands suitable for a high school, acceptable to the county board of education and the Board of Education of the City of Thomasville. The construction of the building is to be within the territory of the independent school system of the City of Thomasville. To proceed under the contract would be an abuse of discretion and a misappropriation of public funds arising from taxation of the residents of Thomas County. The proposed purchases and other contractual obligations are not matters over which the defendants have jurisdiction, and are not matters authorized by law. Unless the defendants are enjoined, they will proceed under the contract and will purchase lands for the erection of a high-school building within the city limits of the City of Thomasville.
The contract provides in part: Paragraph 1. The county board shall acquire at its expense land suitable for a high school and acceptable to both the county and the city boards. Paragraph 2. The county board shall take all necessary action through the State School Building Authority to construct and equip a highschool building in accordance with plans and specifications acceptable to both boards. Paragraph 3. The county board shall maintain and replace facilities and equipment in a manner satisfactory to both. Paragraph 4. Title to the site, buildings, facilities, and equipment shall be and remain in the county board of education, its successors and assigns. (It is provided in paragraph 20 that title to any equipment supplied by the city board shall remain in the city board.) Paragraph 5. Both boards shall operate the high school. Paragraph 11. The boards will meet in joint session and all matters concerning the high-school program shall be subject to the approval of both boards. The personnel required shall be elected by both boards. Paragraph 13. The county board shall enter into all employment contracts with personnel elected by both boards. Paragraph 25. The agreement shall become effective on July 1, 1956, and shall terminate on July 1, 1976.
The prayers of the petition were for process; that the defendants be temporarily and permanently enjoined from purchasing land and from constructing and equipping a high-school building within the city limits of Thomasville; and for other relief.
The general demurrers to the petition were sustained, and the exception is to that judgment.