Hamblen County v. City of Morristown

584 S.W.2d 673, 1979 Tenn. App. LEXIS 317
CourtCourt of Appeals of Tennessee
DecidedMay 25, 1979
StatusPublished
Cited by4 cases

This text of 584 S.W.2d 673 (Hamblen County v. City of Morristown) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamblen County v. City of Morristown, 584 S.W.2d 673, 1979 Tenn. App. LEXIS 317 (Tenn. Ct. App. 1979).

Opinion

OPINION

PARROTT, Presiding Judge.

This suit concerns the validity of a contract between Hamblen County and the City of Morristown for the operation of two high schools.

In 1965 the Quarterly Court of Hamblen County and the Hamblen County Board of Education, one party, (hereinafter referred to as the County), and the Mayor and Aldermen of the City of Morristown and the Morristown School Commission, the other party, (hereinafter referred to as the City), entered into a written agreement calling for the construction of a new public high school and the renovation of the existing Morristown High School to be financed by the general funds of the County raised primarily through the sale of general obligation bonds.

The contract was necessitated by the overcrowding of the existing city high school which had for some period of time been attended by county students living outside of the corporate limits without compensation to the City.

Pursuant to the contract, the County was to acquire the necessary land for the new high school and thereafter lease this land to the City “for such time and so long as the same is used for educational purposes for city and county students.” The land was so acquired, the new high school, West, constructed, and the existing high school, East, renovated, although no lease agreement was ever entered into.

These two schools have been operated by the Morristown School Commission and by its successor, the Board of Education of the City of Morristown, for approximately eleven years. (For a review of other related facts see Miller v. Hamblen County Board of Education, 225 Tenn. 18, 462 S.W.2d 874 (1970).

[675]*675In 1976 Hamblen County filed this suit in chancery court seeking to have the contract set aside and requesting restoration of the right to operate West High. The chancellor granted the County’s motion for partial summary judgment but the decision was reversed by this Court on a discretionary appeal and remanded for a trial on the merits.

The trial resulted in a final judgment for the County. The contract was held void and unenforceable for numerous reasons that will be discussed below, and the County was ordered to pay to the City the existing equity in West High School, $2,205,-394.93. Title to West High School was ordered to be vested in the County and title to East High was ordered retained in the City.

From this judgment both parties have appealed. The County contends that the chancellor erred in this determination as to the amount of compensation owed to the City. The City makes nine assignments of error; five relate to the determination that the contract was void, and two each related to the failure to find the County equitably estopped from denying the validity of the contract and to the amount of compensation awarded.

. The basic issue before this Court is whether or not a county school board can contractually delegate the power to administer the operation of a public high school to a city board of education where the high school is used for the education of both city and county students. We will address this issue by addressing each of the five assignments of error relating to the validity of the contract. These assignments are:

(1) The court erred in holding the contract void because it was without statutory authority.

(2) The court erred in holding the contract void because it constituted an unlawful delegation and surrender of authority.

(3) The court erred in holding the contract void because it was violative of the due- process and equal protection clauses of the state and federal constitutions.

(4) The court erred in holding the contract void because it extended beyond the terms of those in office at the time of its making and was therefore violative of public policy.

(5) The court erred in holding the contract void because it was in perpetuity.

The plenary power to establish and maintain a public school system is a state function and is vested in the state legislature. Board of Education of Memphis City Schools v. Shelby County, 207 Tenn. 330, 339 S.W.2d 569 (1960). General operation and management of the educational system can be delegated by the legislature in any reasonable manner not constitutionally prohibited.

Chapter 4 of Tennessee Code Annotated deals with the transfer of schools and the joint operation of school systems. Two code sections therein and one section from Chapter 2 dealing with local administration are specially applicable to this suit. These sections are:

49-410. JOINT OPERATION OF SCHOOLS — CONTRACTS BINDING.— The boards of education of any two (2) or more school systems are authorized and empowered to establish, maintain and operate a public school or schools jointly by entering into contracts for that purpose. Upon the execution of contracts §§ 49— 410 — 49—414 by the respective boards of education, the same shall be binding upon the said boards of education and upon the counties, cities and special school districts involved.
49-413. ADMINISTRATION OF JOINT SCHOOLS — RECEIPT AND DISBURSEMENT OF FUNDS. — The administration of schools established, maintained and operated pursuant to a contract entered into under §§ 49-410 — 49-414 may be placed under the board of education of the county, city or special school district in which such school is located; or the administration of such schools may be placed under a board of control created pursuant to the terms of said contract. In the event such a board of control is created, it shall elect its own [676]*676chairman and secretary and may designate as ex officio secretary the superintendent of schools of the county, city or special school district in which said school is located; and any such board of control shall exercise all the administrative powers and functions with respect to such school that county boards of education are authorized to perform and exercise with respect to the operation of county schools. Provided, however, such schools may be administered by such other persons and in such other manner as the terms of the said contract may provide. The county trustee or treasurer or other fiscal or disbursing officer, as the case may be, of the county, city or special school district in which such school is located, or such other disbursing officer as may be designated by the contract, shall have the same powers, rights and duties with respect to the receipt, protection and disbursement of the funds allocated to or for the use of such school as provided by law for other school funds.
49-231. COUNTY CONTRACTS FOR TEACHING IN PRIVATE, CITY OR SPECIAL DISTRICT SCHOOLS.

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Cite This Page — Counsel Stack

Bluebook (online)
584 S.W.2d 673, 1979 Tenn. App. LEXIS 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamblen-county-v-city-of-morristown-tennctapp-1979.