[Download] "Davis v. School Dist. No. D-14" by Supreme Court of the State of Oklahoma # eBook PDF Kindle ePub Free

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eBook details

• Title: Davis v. School Dist. No. D-14
• Author : Supreme Court of the State of Oklahoma
• Release Date : January 10, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

1 The plaintiffs, now appellants B. Neil and Sue Davis, instituted this action in the District Court of LeFlore County on August 23, 1979, to procure a permanent injunction against School District No. D-14 and No. I-3 of LeFlore County, Oklahoma. In this petition plaintiffs alleged their two children, one a student at Hodgens School and one a student at Heavener School, were being refused school bus service. Plaintiffs alleged the school districts had a duty to transport all children residing more than a mile and a half from the school they attended. Plaintiffs also alleged they received the desired transportation service for the school year 1978, but that beginning in August, 1979 that service was discontinued arbitrarily and capriciously. Further, plaintiffs pled the defendant County Commissioner of LeFlore County had a duty to maintain all roads in the county and should the Court rule that bus service over four and one-half miles of forest service road was validly discontinued due to the dangerous nature of that road, plaintiffs requested relief against the defendant County Commissioner requiring maintenance of the road be continued. The petition sought, in addition to a permanent injunction, a temporary restraining order which was granted the day the petition was filed. That order set the 31st day of August as the hearing date on the temporary injunction. Prior to that hearing the plaintiff requested written findings of fact and conclusions of law. That request was made in writing. The hearing was held on the appointed day and testimony taken. Thereafter plaintiffs requested the court to inspect the roads traveled by the school buses of the districts. The written request was made in order that the court be more fully advised on the condition of those roads, as the evidence weighed heavily on the safety of the road plaintiffs resided upon as compared to the remainder of the routes. Ten days after the hearing and a subsequent inspection of the roads by the court, an order was issued vacating the temporary restraining order and denying a temporary injunction.

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