Hiers v. Detroit Superintendent of Schools

136 N.W.2d 10, 376 Mich. 225, 1965 Mich. LEXIS 214
CourtMichigan Supreme Court
DecidedJuly 13, 1965
DocketCalendar No. 16, Docket No. 50,726
StatusPublished
Cited by22 cases

This text of 136 N.W.2d 10 (Hiers v. Detroit Superintendent of Schools) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hiers v. Detroit Superintendent of Schools, 136 N.W.2d 10, 376 Mich. 225, 1965 Mich. LEXIS 214 (Mich. 1965).

Opinions

Smith, J.

In a class suit, plaintiffs filed their complaint for injunction January 13, 1964, against •defendants. Plaintiffs obtained an order to show cause why temporary injunction should not issue. Immediately after filing their answer, defendants moved for summary judgment on the ground that plaintiffs had failed to state a claim upon which relief could be granted. The trial court denied injunction' and entered summary judgment in favor of defendants from which this appeal is taken.

In view of the posture of the case, we detail at length the allegations of the complaint. The complaint alleges that some of the parents have children enrolled in the Everett Elementary School and others have children in Cody High School. Further, they allege that Everett School’s facilities were created and “peculiarly adapted” for educating children of grade school age, that is, as to size and location of building and training facilities. As to Cody High School, it is alleged that its facilities were created and adapted for educating children of high school age.

Gravamen of the complaint is “That defendants have ordered plaintiffs to remove their minor children from attendance at Everett Elementary School effective January 28, 1964, and to place them in attendance, effective that date, at either the Dixon School or the Herman Elementary School; a copy [229]*229of said order having been attached hereto and made a part hereof by reference and having been marked Exhibit‘A’.” (Emphasis supplied.)

The complaint establishes that exhibit “A” gave as a reason for the school board’s transfer order overcrowded conditions at Cody High School and, therefore, the need for additional classroom space [it should be pointed out here that in transferring over 100 students from Everett to Dixon and Herman schools, additional classroom space would then be made available for use by Cody school in Everett school, which is contiguous to Cody].1 Plaintiffs further allege that “defendants do not and cannot expand on such reasons because they are not true.” Plaintiffs then allege that defendants “could not support said order if it [school board] had timely and properly presented to plaintiffs herein and if they [parents] had thereby had a reasonable opportunity to present their position to defendants.”

Plaintiffs then allege that the Cody High School had the largest high school population in the city of Detroit out of which arise numerous complaints of vandalism and recklessness. In this connection, they say that the school administrators at Cody are unable to cope with the already large student body, not to mention “the additional students” they hope to add as a result of the order. It is then alleged that a year prior to the order in question approximately 100 students were transferred from Everett to other elementary schools and that as a result 3 classrooms were gained for Cody High School and that said classrooms “have not been, are not being, and in all likelihood will not be used by Cody High School for the simple reason that elementary schoolrooms are of no advantage whatsoever to high schools and to high school students.”

[230]*230■ Plaintiffs say that in all probability all grade school students will ultimately be transferred from Everett and that school used entirely by' contiguous Cody High School. Defendants are charged with irresponsibility in the issuance of transfer orders and in particular the one in question which is claimed to be arbitrary. Plaintiffs allege that defendants have other more logical and less expensive solutions to the problem of overcrowding at Cody. They say that other high schools in the area could be more effectively utilized and thus could be avoided “two dangers obvious in the defendants’ present plan”: elimination of elementary school in an area where ■one is needed, and further expansion of Cody School’s student population with all the problems attendant thereto. Attacking the transfer • order as not logical nor reasonable, plaintiffs then allege that said order is a violation of due process and equal protection. In seeking injunction, plaintiffs allege that the immediate and irreparable harm and damage which will be suffered is that their minor children will be “Deprived of their right to continue with the classmates, and teachers to whom they have become accustomed”, and that the children would be required to travel a greater distance than before and crossing additional intersections, thereby increasing safety hazards. In this connection, they also say that the children would be damaged by being required to eat their lunches in school away from their families. The prayer was for temporary and permanent injunction and other relief.

Defendants filed answer in which the overcrowded conditions at Cody school were admitted, but they denied that the order was capriciously or unreasonably made. • They denied also plaintiffs’ premises that Everett school facilities could-not be used by high school pupils or that the school board intends [231]*231ultimately to eliminate Everett as an elementary school. Defendants also filed an affirmative defense that the school board is given broad powers by statute to manage the affairs of the school district and specifically to establish attendance areas within the school district.

Thereafter, defendants filed a motion for summary judgment under Rule 117, QCR 1963, “for the reason that plaintiffs have failed to state a claim upon which relief can be granted.” By stipulation, a joint hearing was held on both the show cause order and defendants’ motion for summary judgment. No proofs were offered at the hearing, although plaintiffs were offered the opportunity by the trial court. The grant or denial of a temporary injunction is a question of discretion and this Court will not interfere with the trial court’s ruling except on a showing of probable abuse. Nissenbaum v. Pikstein, 266 Mich 28. There being no showing at all, then as to this aspect of the case there is nothing to review.

As to the question of summary judgment, the complaint allegations, as illuminated by oral argument, were helpfully summed up by Judge Montante in this manner:

“Actually, as I see this case, Mr. McEadden, it is simply this: You have a number of mothers, parents of these children, who are utterly convinced that the board of education has made a mistake in judgment. I am sure these mothers are saying: ‘If it be a fact that Cody High School is overcrowded, then it would seem to us that the board of education should arrange for the transfer of Cody High School students to other high schools. Obviously, the high school student is mature; he has a sense of responsibility; there is less likelihood of his becoming involved in any traffic problems. Weighing all things, the transfer, if effected, should apply solely to the high school student, not to the youngster of tender [232]*232age who is now required suddenly to be uprooted from his school and his teacher, to travel this long distance, to have foisted upon him unfamiliar surroundings, to be compelled to cross streets that he is not acquainted with, to be subjected to the various instances of traffic hazards that may arise en route— all of the peril of the child’s safety and welfare. Therefore, as a matter of judgment, it seems to us that they should allow the children to stay in the elementary school and tell the big boys and girls to move over to another school.’ ”

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Bluebook (online)
136 N.W.2d 10, 376 Mich. 225, 1965 Mich. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hiers-v-detroit-superintendent-of-schools-mich-1965.