Pro-Bono Case: Zoning Issue In The Orange School District

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Pro-Bono Case: Zoning Issue In The Orange School District

May 26, 2021

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Firm News

The Kirschner family was faced with a school zoning issue a few years after moving to Pepper Pike. Originally moving to the neighborhood to send their two boys to the Orange School District, the family received an unexpected letter from the Orange superintendent informing them their children were in fact, not in the right school district.

Our attorney was able to help resolve this issue, allowing their children to continue to attend the school in the district they believed they were part of.

Before moving into the neighborhood, the Kirschner family had confirmed through multiple sources — from their real estate agent, on a website, and through residency checks conducted by the Orange School District — that they are in the right school district. However, they were then being told that they had to pull their two boys out from their current school at the start of the next semester to send them to the Beachwood School District.

Decades ago when the I 271 was being built, there was a land-swap agreement between Beachwood and Pepper Pike. Both parties transferred land from Beachwood to Pepper Pike but unintentionally neglected to transfer one small area of land. That neglected area is where the Kirshner family currently resides and is the source of the zoning issue they are faced with today.

Spangenberg Shibley & Liber attorney Jeremy Tor became aware of this fundamental injustice and reached out to the Kirschner family to help them resolve this issue.

He connected with the two district’s superintendents to try to reach an agreement to allow the family’s children to stay in the Orange School District for the 2020-2021 school year. When that was unsuccessful, he pushed forward and filed a complaint about emergency relief seeking a temporary restraining order preventing the school district from disenrolling the two children.

Within 24 hours of the complaint, Jeremy was able to agree with the school district to allow the boys to continue attending school in the Orange School District for the 2020-2021 school year.

In the meantime, a petition has been submitted to the Ohio Department of Education, asking to transfer the land in question from Beachwood School District to Orange School District.

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