Globe School District No. 1 v. Board of Health

179 P. 55 (1919)

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Globe School District No. 1 v. Board of Health

Arizona Supreme Court
179 P. 55 (1919)

  • Written by Haley Gintis, JD

Facts

In response to the Spanish influenza epidemic of 1918, the city of Globe’s local board of health (the board) (defendant) promulgated a health regulation declaring facilities in which individuals congregated, including schools, to be public nuisances. The regulation then allowed the board to suspend the activities of all facilities declared a public nuisance. In response to the regulation, Globe School District No. 1 (the district) (plaintiff) filed an action in Arizona state court against the board. The district claimed that the board did not have the authority to declare a facility to be a public nuisance and did not have the authority to close schools without the legislature’s instructions. The trial court returned a verdict for the board. The matter was appealed to the Arizona Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Cunningham, C.J.)

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