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Home > Blogs > Middletown School News and Issues > Archives > 2009 > March > 10 > Entry
Middletown: Land transfer case unlike any other
Attorneys for Middletown, the State Board of Education and Franklin argued before a panel of three judges this morning in the land transfer appeal case in Columbus.
The appeal was by Middletown City Schools of the decision to deny the transfer of about 1,600 acres of land mostly east of Interstate 75 from Franklin City Schools.
Middletown’s attorney Thomas Allen told the judges that this case is unlike any other they have ever heard because of two twist: Middletown has promised to reimburse Franklin for lost revenue and Middletown suffered financial hardship in the split involving Monroe schools resulting in the delay in the request.
Thomas opened his arguments by telling the judges the case is not about a few students who want to go to Middletown schools or even the homeowners in the area in question.
“What it is about is the plight of urban schools,” he said.
Allen told the judges the case is about how urban schools can continue when their populations move away from the center of the town.
He went on to tell the judges this case is unlike any they’ve other heard because of Middletown’s promise to reimburse Franklin for its losses, which they estimate would be about $230,000 a year.
Judge Patrick McGrath questioned whether Franklin could trust that Middletown would reimburse them for the lost revenue and for how many years.
Allen answered that a time frame was never discussed, but that Middletown was willing to enter into an agreement to prove “this was not a tax grab.”
Allen also said this case is unique because of the split of Monroe from Middletown schools, which he said caused the school financial hardship.
Allen said the decision to deny the transfer was contrary to law because key points were ignored by the referee who first recommended the transfer be denied, like the “Middletown Promise,” a program currently being examined for feasibility that would give scholarship money to students who stay in Middletown City Schools kindergarten through 12th grade.
The State Board of Education’s attorney, Christa Metzger with the Ohio Attorney General’s Office, left most of her 15 allowed minutes for Franklin to present arguments.
Franklin’s attorney Bronston McCord said there is no doubt in his mind the appeals judges should uphold the denial of the transfer.
McCord said the State Board of Education might have not considered the factors Allen mentioned, but that is because they were not required to.
A ruling in the case will be made in the next 90 days to six months, according to the court.
Permalink | Comments (14) | Post your comment | Categories: Franklin City Schools, Middletown City Schools
Comments
By peoplefinder
March 10, 2009 11:28 AM | Link to this
Quit the whining Franklin. You and Monroe make me sick.
By bee bob
March 10, 2009 11:39 AM | Link to this
Middletown didn’t want Monroe..under the DiStaola era, tried for years to unload it. I know, I worked in the combined system back then. Now both districts are outshining “poor little urban Price-land” and can’t deal with the truth. Shut up Middletown, nobody cares.
By Karl
March 10, 2009 11:56 AM | Link to this
Monroe is nothing but a Weest Chester and Mason wanna be, they want what they do not need, they make promises To “PHASE OUT” open enrollement but now they are NOT doing it, more broken promises, tax money is ALL they care about. Heck that city can’t even decide on what side of the streets they can park. Middletown is better off.
By Margie
March 10, 2009 12:03 PM | Link to this
Hey there peoplefinder, I 2nd THAT! Monroe also needs to start buying their dust mask, the Coke Plant is coming!
By Howie Feltersnatch
March 10, 2009 12:23 PM | Link to this
Margie and peoplefinder must be from the cesspool that is Middletown. The argument that this is about the “plight of urban schools” is total BS. Middletowns population is shrinking so is there tax base and it is all to obvious that this is indeed nothing but a tax grab.
By Ray
March 10, 2009 12:33 PM | Link to this
Whether the story is covered by silk or cow dung, it’s a tax grab. Middletown has enough big problems to worry about. Leave the land in Franklin where rightfully belongs which is also in the best interest of the few students to be affected. Middletown is dying and Franklin is thriving!!! Even with Hustler and Bristol’s Monroe was smart to break tie with MCSD.
By Ray
March 10, 2009 12:34 PM | Link to this
Whether the story is covered by silk or cow dung, it’s a tax grab. Middletown has enough big problems to worry about. Leave the land in Franklin where rightfully belongs which is also in the best interest of the few students to be affected. Middletown is dying and Franklin is thriving!!! Even with Hustler and Bristol’s Monroe was smart to break tie with MCSD.
By Ray
March 10, 2009 12:34 PM | Link to this
Whether the story is covered by silk or cow dung, it’s a tax grab. Middletown has enough big problems to worry about. Leave the land in Franklin where rightfully belongs which is also in the best interest of the few students to be affected. Middletown is dying and Franklin is thriving!!! Even with Hustler and Bristol’s Monroe was smart to break tie with MCSD.
By Ray
March 10, 2009 12:35 PM | Link to this
Whether the story is covered by silk or cow dung, it’s a tax grab. Middletown has enough big problems to worry about. Leave the land in Franklin where rightfully belongs which is also in the best interest of the few students to be affected. Middletown is dying and Franklin is thriving!!! Even with Hustler and Bristol’s Monroe was smart to break tie with MCSD.
By Socrates
March 10, 2009 12:58 PM | Link to this
Middletown’s arguments are being brought forth as new arguemnts not made at trial, and the benefits associated with Middletown’s Promise are a scam, a cloak, disingenuous, never existed, and never will ever occur. Middletown lost Monroe because of poor performqnce. Middletown will not win an appeal on the grounds and basis made. Its a land grab. It was lost on a matter of law. Desperate act by leaders and poor attorneys who are wasting tax payers money. Its called res judicata Middletown.
By Legal Eagle
March 10, 2009 1:05 PM | Link to this
The Journal writer left out Middletown’s “alleledreimbursement” expires after a specific time table, and the Middletown Promise never existed, never. Its just a con to associate a benefit which never existed and never will exist. Chalk up another defat, but maybe the clown Nobama will throw Middletown $ Mm with all his other watse. Shameful and horrific arguments Middletown is making, which were taken into consideration previously. Middletown just wants publicity for a hand out from Team Nobama.
By Karl
March 10, 2009 1:19 PM | Link to this
EVERY city tries to get want they want no matter what it is. If it benefits their city they go after it. Monroe and Frankin are no different. Monroe wants their citys name on the new mall but you don’t see any city or townships name on the Bridgewater Falls mall. ALL cities are alike when it comes to getting what they want and how they go about it. Monroe has the hooker filled Stoney Ridge and the Hustler and that DOES degrade their little city, and the road side trash looks terrible.
By The Firm
March 10, 2009 1:31 PM | Link to this
On its face, it appears Middletown’s argument is better suited for the Ohio Supreme Court. They won’t win there either, but too make this hearing on merits associated with an urban district is really an error. Appeals on administration are made when the previous court has made errors on law and fact. On appeal, the review is entirely upon law. Chalk up another victory for Franklin. I’m calling Franklin as I agree with the other posts, Middletown never intended to offer a Middletown Promise, it was put out there as a false promise, which never existed. No judge would buy into these feable arguments which have nothing to do with the previous cases.
By Dewy, Cheatum, and Howe
March 10, 2009 2:10 PM | Link to this
Middletown’s famous legal frim forgot to tell the Journal, or maybe she didn’t ask,that the people in the area prefer Franklin over Middletown schools and that the reimbursement is limited to a certaion amount of time, so it is clearly a land grad.