CINCINNATI -- For the first time, a Hamilton County judge has allowed an exclusive exception to property deed restrictions that could help thwart attempts by public school districts to block school children -- and the public money that accompanies them -- from going to charter schools across the country.
Common Pleas Court Judge Robert Ruehlman ruled last week the Cincinnati Public School district cannot prevent Roger Conners from opening a charter school at the old Roosevelt School at 1550 Tremont Street after he bought the building from the district. That ruling came even though the deed on the building carried a clause -- that Conners knew about -- prohibiting the building from ever again being used for a school.
"There has never been a court in Ohio or the country that has decided to void a deed restriction ... as it relates to charter schools," said Scott Phillips, attorney for Cincinnati Public Schools.
The ruling is ominous for school districts across the state, especially those in major metropolitan areas which no longer can use similar deed restrictions to try to keep charter schools from opening, Maurice Thompson, Conners' attorney, said Friday.
http://www.mansfieldnewsjournal.com/article/20100601/NEWS01/6010307/1002/Judge-sets-charter-school-precedent