Middletown City Schools is once again appealing a court decision that denied the school district the transfer of 1,600 acres from Franklin City Schools.
The Middletown Board of Education is appealing a State Board of Education February decision, this time in the 10th District Court of Appeals in Columbus.
Superintendent of Franklin City Schools Arnol Elam said the first appeal was taken to Franklin County Common Pleas Court, but was never heard because it was decided to be without merit by the court.
According to Debbie Alberico, Middletown community relations and communications specialist, the disputed land is mostly residential, and both school districts are arguing about what is best for the citizens living in the affected area.
Alberico said that when the original trial was held in February, when the Ohio Board of Education denied Middletown City Schools its request, community members were given the opportunity to come to court and testify.
However, according to former superintendent of Franklin City Schools Douglas J. Lantz, it is not fair to switch homeowners' school districts-therefore increasing residents' taxes-when the issue is never put to a vote.
Lantz said the land, located east of Interstate 75, is actually located in the city of Middletown, but has been a part of Franklin City Schools since the district's creation.
Elam said it would be detrimental for Franklin City Schools to lose the land.
"We get a certain amount of revenue (from) that development-I think a million dollars right now-so we would have to make up for that," he said. "Most likely, (we) would have to issue an operating tax on the taxpayers of Franklin to make up for that money."
Lantz said it was the construction of the new Atrium Medical Center on the disputed property that originally spurred the annexation.
"Middletown is only interested now because of the hospital development, which increases commercial development, which increases the tax dollars that come into our school district," Lantz said.
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However, Alberico said that Middletown City Schools believes the land should belong to it because it is owned by the city of Middletown, and district officials would like the land to be contiguous with the city.
"We think the kids in the city of Middletown should have the opportunity to go to Middletown schools," Alberico said.
The land disagreement, which began in August of 2005, continues to cost both school districts a hefty amount of citizen's taxes.
Middletown City Schools' lawyer Joseph Scholler could not comment on the trial due to firm policy, so there is currently no estimate of the amount of money Middletown has spent so far.
On the other hand, Elam said the trial is expected to cost the Franklin School District more than $100,000. As of August 2008, Franklin had incurred $82,000 in fees.
At the court of appeals level, both districts will have the opportunity to file briefs as well as make an oral argument, and then a panel of three judges will decide on the case.
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