112 Va. 536 | Va. | 1911
delivered the opinion of the court.
Upon the application of eight citizens and tax-payers of the city of Radford, an injunction was awarded in this case enjoining and restraining the board of trustees of the Radford Normal School from entering into a contract for the purchase of certain property within the city of Rad-ford known as the “Heth property,” as a site for such school, and enjoining and restraining the finance committee of the city council of Radford from paying for such site, upon the ground that the act creating the Radford Normal School makes the selection of the “Adams site,” mentioned therein, obligatory, and leaves the board of trustees appointed under the act without discretion as to the physical location of the school; and upon the further ground that the board was an illegal body without lawful existence or power to act until their appointment by the governor had been ratified by the Senate of Virginia.
The act creating the Radford Normal School does not, as contended by appellants, confine the board of trustees to the Adams site as a location for the school establishment; on the contrary, under the facts disclosed by the record, we are of opinion that the board had the power to select, in its discretion, a site within the corporate limits of the city of Radford.
The controlling question, however, raised by the record, involves the right of appellants to come into a court of equity for the purposes of this suit.
It clearly appears from the record that the appellants
Not only have the appellants no interest which permits them to ask for relief in equity in the matter of selecting a site for this normal school, but their attack upon the title of the trustees, as such, is unavailing as a ground for maintaining this proceeding to enjoin and restrain the trustees from discharging their public duties.
The law upon this subject is well settled, and is sufficiently stated in High on Injunctions (4th ed.), sec. 1312, where the learned author says: “No principle of the law of injunctions, and perhaps no doctrine of equity jurispru
Affirmed.