Lutz v. GASTON COUNTY BD. OF EDUCATION OF GASTON CTY.

192 S.E.2d 463, 282 N.C. 208
CourtSupreme Court of North Carolina
DecidedNovember 15, 1972
Docket15
StatusPublished

This text of 192 S.E.2d 463 (Lutz v. GASTON COUNTY BD. OF EDUCATION OF GASTON CTY.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lutz v. GASTON COUNTY BD. OF EDUCATION OF GASTON CTY., 192 S.E.2d 463, 282 N.C. 208 (N.C. 1972).

Opinion

192 S.E.2d 463 (1972)
282 N.C. 208

Clyde A. LUTZ et al.
v.
The GASTON COUNTY BOARD OF EDUCATION OF GASTON COUNTY, North Carolina, consisting of Larry K. Petty, et al.

No. 15.

Supreme Court of North Carolina.

November 15, 1972.

*467 Atkins & Layton, by James H. Atkins, Gastonia, for plaintiff appellants.

James B. Garland, Gastonia, for defendant appellees.

MOORE, Justice.

Plaintiffs allege and contend that the action of the Board of Education in ordering the consolidation of Bessemer City Senior High School and the Cherryville Senior High School into the proposed Northwest Senior High School was illegal in that the Board had failed to make the studies required by G.S. § 115-76(1).

The County Board of Education has authority "to consolidate schools located in the same district, and with the approval of the State Board of Education, to consolidate school districts or other school areas over which the board has full control, whenever and wherever in its judgment the consolidation will better serve the educational interests of the county or any part of it", G.S. § 115-76; Feezor v. Siceloff, 232 N.C. 563, 61 S.E.2d 714 (1950). Whether a change should be made in the location of the school, as well as the selection of the site for a new one, is vested in the sound discretion of the Board of Education. Its action cannot be restrained by the courts unless there has been a violation of some provision of law or a manifest abuse of discretion. Dilday v. Board of Education, 267 N.C. 438, 148 S.E.2d 513 (1966); Feezor v. Siceloff, supra; Board of Education v. Lewis, 231 N.C. 661, 58 S. E.2d 725 (1950); Waldrop v. Hodges, 230 N.C. 370, 53 S.E.2d 263 (1949); Aikins v. McAden, 229 N.C. 752, 51 S.E.2d 484 (1948). In determining whether two or more public schools shall be consolidated or whether a school shall be closed and the pupils transferred therefrom, the State Board of Education and the board of education of the county shall observe and be bound by the following rules:

". . . [T]he board of education of the county in which such school is located and the State Board of Education shall cause a thorough study of such school to be made, having in mind primarily the welfare of the students to be affected by a proposed consolidation and including in such study, among other factors, geographic conditions, anticipated increase or decrease in school enrollment, the inconvenience or hardship that might result to the pupils to be affected by such consolidation, the cost of providing additional school facilities in the event of such consolidation, and the importance of such school to the people of the community in which the same is located and their interest in and support of same. . . ." G.S. § 115-76(1).

*468 The record in this case reveals a long and careful consideration, beginning in 1965, of the need for discontinuing the existing high schools in Cherryville and Bessemer City and their merger and consolidation into a new Northwest Senior High School. After analyzing reports from various citizens and official committees which over a period of years had recommended such action, and after a public hearing as required by law, this consolidation was approved by the Gaston County Board of Education on 17 January 1972 and by the State Board of Education on 3 February 1972.

At the hearing before Judge Martin, Dr. Jester Pierce, Director of the Division of School Planning of the North Carolina Department of Public Instruction, testified in part:

"The proposed plan of the Gaston County Board of Education to establish a comprehensive senior high school in the northwest area of the county to serve the Cherryville, Bessemer City and Tryon districts is in accordance with recommendations made by the Division of School Planning, and is feasible, practicable, and desirable. The concept of constructing six comprehensive senior high schools in Gaston County is the most effective and economical approach toward establishing a good educational program on a secondary level in Gaston County."

Mr. Broadus McSwain, who was chairman of the interim Board of Education and later elected for a six-year term as chairman of the Gaston County Board of Education, testified:

". . . [I]n my opinion, such schools would be in the best interest of the students involved although perhaps causing inconvenience to some parents. Comprehensive high schools will enable students from various sections of Gaston County to compete with one another on the same educational plane. It would be unfair to those living in Bessemer City, Tryon and Cherryville communities not to have the same educational advantages and opportunities which those in other parts of Gaston County have or will have commencing with school year 1972-73 when the fifth comprehensive high school will be completed. Both the interim board and the permanent board of the Gaston County Board of Education have spent a considerable amount of time in discussing and studying the need for the sixth comprehensive high school, currently denoted as the Northwest Senior High School, and the decision of the board in each instance has been to proceed according to the priority schedule with the construction of this facility. . . . As to whether I or any other members of the Board made a study of the extent of support of Bessemer City or the support in Cherryville, as compared to other schools, we know of the support in both those areas. I think the support has been exceptional in all of our schools."

Mr. William H. Brown, Superintendent of Schools and ex officio secretary to the Gaston County Board of Education, testified:

". . . [T]o maintain and operate Bessemer City Senior High School having a student population of approximately 450 and Cherryville Senior High School having a student population of approximately 460 would not allow, except at prohibitive cost, the expanded curriculum which will be found in the other comprehensive senior high schools. The facility for the Cherryville Senior High School is obsolete and antiquated for senior high school purposes, and to build a new Cherryville Senior High School and to add to the existing Bessemer City High School as requested by some opponents of a northwest senior high school would cost considerably more money for construction as set forth in Exhibit `D,' would cost more to provide comparable curriculum opportunities for the students. . . ."

*469 Mr. Larry Petty, a member of the Gaston County Board of Education who became chairman after Mr. McSwain resigned, testified:

"Aside from the meetings at Cherryville High School and Bessemer City High School where some members of the public and the School Board were present, and the meeting of the Rotary Club in Cherryville and Lions Club in Bessemer City where I appeared, I did appear on the question of consolidation of these high schools and spoke several times in Bessemer City, Tryon and Cherryville. As a matter of fact I did speak to the Tryon PTA two or three times.. . .

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Lutz v. Gaston County Board of Education
192 S.E.2d 463 (Supreme Court of North Carolina, 1972)

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Bluebook (online)
192 S.E.2d 463, 282 N.C. 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lutz-v-gaston-county-bd-of-education-of-gaston-cty-nc-1972.