Concerned School Patrons and Taxpayers v. Ware County Board of Education

263 S.E.2d 925 (1980)

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Concerned School Patrons and Taxpayers v. Ware County Board of Education

Georgia Supreme Court
263 S.E.2d 925 (1980)

EL

Facts

Taxpayers of the Ware County public school system (the taxpayers) (plaintiffs) sought a permanent injunction against the county board of education (the board) (defendant), asking to stop the board from using unobligated school funds to construct a school athletic facility. The taxpayers admitted that the Georgia constitution permitted the levying of taxes for public education and the board’s distribution of those funds. Further, the taxpayers admitted that Georgia state legislation allowed school districts to use tax proceeds to fund physical-education and athletic facilities. The taxpayers argued that the county board of education should not have used unobligated school funds to fund an athletic facility. The taxpayers also argued that the board should have instead designated a budget line item for tax-funded athletic buildings. The board argued that it had authority under Georgia’s statutes and constitution to fund school athletic facilities. The state trial court found in favor of the board. The taxpayers appealed to the Georgia Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Bowles, J.)

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