Fairborn City School Dist. v. State Bd. of Educ

In Fairborn City School Dist. v. State Bd. of Educ. (Oct. 24, 1996), 10th Dist. No. 96APE04-416, 1996 Ohio App, three parcels of real estate were at issue, one annexed in 1978, one annexed in 1987, and one annexed in 1989. The transfer request was filed in 1990. The court recognized that in Bellefontaine City School Dist. v. Benjamin Logan Loc. School Dist. (June 16, 1992), 10th Dist. No. 91AP-1277, 1992 Ohio App, that for purposes of measuring undue delay pursuant to Ohio Adm.Code 3301-89-03(B)(4), the State Board was not permitted to give effect to alleged delay occurring prior to February 1, 1987, the effective date of Ohio Adm.Code 3301-89-03(B)(4). Thus, in Fairborn, the State Board determined that the shortest delay (one year) involved the least valuable parcel, and the longest delay (three years) involved the most valuable parcel, but collectively these delays constituted "undue delay" within the meaning of Ohio Adm.Code 3301-89-03(B)(4).