Arp v. City of Bremen Bd. of Educ., 320 S.E.2d 397 (Ga. Ct. App. 1984). · Go Syfert
Arp v. City of Bremen Bd. of Educ., 320 S.E.2d 397 (Ga. Ct. App. 1984). Cases Citing This Book View Copy Cite
20 citation events (12 in the last 25 years) across 3 distinct courts.
Strongest positive: Miller County Board of Education v. Robert McIntosh (gactapp, 2014-03-20)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (rule) Miller County Board of Education v. Robert McIntosh
Ga. Ct. App. · 2014 · confidence medium
See also We, the Taxpayers v. Bd. of Tax Assessors of Effingham County, 292 Ga. 31, 35 (2) ( 734 SE2d 373 ) (2012) (finding taxpayers’ failure to exhaust administrative remedies deprived the trial court of subject-matter jurisdiction over the complaint); Norman v. United Cities Gas Co., 231 Ga. 788, 788 ( 204 SE2d 127 ) (1974) (class action properly dismissed for lack of jurisdiction because consumer did not pursue administrative remedies); Arp v. Bremen Bd. of Ed., 171 Ga. App. 560, 560 ( 320 SE2d 397 ) (1984) (affirming dismissal of coach’s breach-of- contract claim against the board of …
discussed Cited as authority (rule) Miller County Board of Education v. McIntosh
Ga. Ct. App. · 2014 · confidence medium
See also We, the Taxpayers v. Bd. of Tax Assessors of Effingham County, 292 Ga. 31, 35 (2) ( 734 SE2d 373 ) (2012) (finding taxpayers’ failure to exhaust administrative remedies deprived the trial court of subject-matter jurisdiction over the complaint); Norman v. United Cities Gas Co., 231 Ga. 788, 788 ( 204 SE2d 127 ) (1974) (class action properly dismissed for lack of jurisdiction because consumer did not pursue administrative remedies); Arp v. Bremen Bd. of Ed., 171 Ga. App. 560, 560 ( 320 SE2d 397 ) (1984) (affirming dismissal of coach’s breach-of-contract claim against the board of e…
discussed Cited "see" Day v. BRANTLEY COUNTY SCHOOL DISTRICT (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2009 · signal: see · confidence high
See Arp, 171 Ga. App. at 560 .
discussed Cited "see" Servicemaster Management Services Corp. v. Cherokee County School System (2×)
Ga. · 1987 · signal: see · confidence high
See generally Arp v. City of Bremen Bd. of Education, 171 Ga. App. 560 ( 320 SE2d 397 ) (1984).
discussed Cited "see" Servicemaster Management Services Corp. v. Cherokee County School System (2×)
N.D. Ga. · 1986 · signal: accord · confidence high
Accord Arp v. City of Bremen Board of Education, supra, 171 Ga.App. at 560 , 320 S.E.2d 397 .
ARP
v.
CITY OF BREMEN BOARD OF EDUCATION Et Al.
67805.
Court of Appeals of Georgia.
Jul 13, 1984.
320 S.E.2d 397
Douglas C. Vassy, for appellant., Michael L. Murphy, Stephen E. Garner, for appellees.
Pope, Banke, Benham.
Cited by 8 opinions  |  Published
Pope, Judge.

Appellant Daniel T. Arp brought this action against appellees alleging breach of contract and seeking recovery of $3,200, plus expenses of litigation and court costs, as well as restoration of his position as head basketball coach at Bremen High School. Appellant alleged that he had been improperly dismissed from his coaching position for the school year 1982-83 and thus appellees had breached the terms of their contract with him in refusing to pay that portion of his salary which covered that position, i.e., $3,200. Additionally, appellant demanded to be restored to his coaching position inasmuch as appellees had not properly followed the mandates of OCGA § 20-2-942 and thus his “demotion” was a deprivation of his due process rights. Appellees denied the material allegations of appellant’s complaint and moved to dismiss pursuant to OCGA § 20-2-1160 (b) on the ground that appellant had failed to exhaust his administrative remedies. Following a hearing, the trial court granted appellees’ motion, holding that appellant had not exhausted his administrative remedies and further holding that appellant was entitled to a hearing before the City of Bremen Board of Education with the right to appeal to the State Board of Education before seeking relief in superior court. Appellant brings this appeal from the foregoing order of dismissal. Held:

OCGA § 20-2-1160 (a) provides: “Every county, city, or other independent board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the construction or administration of the school law, with power to summon witnesses and take testimony if necessary. ...” The issues raised in this case are clearly matters of local controversy (see generally Wilson v. Strange, 235 Ga. 156 (1) (219 SE2d 88) (1975)), and equally clearly refer to the construction or administration of school law. See, e.g., Emerson v. Bible, 247 Ga. 633 (278 SE2d 382) (1981); Pass v. Pickens, 204 Ga. 629 (51 SE2d 405) (1949). Compare Eastwind Developers v. Bd. of Education for Valdosta, 238 Ga. 587 (2) (234 SE2d 504) (1977). See also White v. Banks, 614 SW2d 331 (Tenn. 1981). “No tribunal has yet heard and determined the issue[s] between the parties. This being a matter of local controversy in reference to the administration of school law[,] the local board is the proper tribunal. Appellant is entitled under [OCGA § 20-2-1160] to be heard.” Emerson v. Bible, supra at 634. Accordingly, we find no error in the judgment rendered by the trial court.

Judgment affirmed.

Banke, P. J., and Benham, J., concur. [*561] Decided July 13, 1984. Douglas C. Vassy, for appellant. Michael L. Murphy, Stephen E. Garner, for appellees.