Is There a 'Public Policy' Favoring Charter Schools That Bars District from Enforcing Deed Restriction in Sale of Building?

Where Restriction Bars Future Use of Building as a School

Board of Education of the City School District of the City of Cincinnati v. Roger T. Conners and Deborah Conners, Case no. 2011-0673

1st District Court of Appeals (Hamilton County)

ISSUE: When the purchase contract between a public school district and a private buyer of a vacant school building includes a deed restriction stating that the buyer agrees to use the building "for commercial development ... [and] not to use the facility for school purposes now or at any time in the future," if the buyer later attempts to lease or sell the property for use as a charter school, is the school district barred from enforcing the deed restriction because it is contrary to a public policy of the state favoring development of charter schools?