Columbus, Ohio (AP) -- A state appeals court agrees that the Ohio Attorney General's office had no standing to sue an embattled charter school.
Former Attorney General Marc Dann had hoped to shut down New Choices Community School in Dayton.
But late last week the appeals court upheld a ruling from a Montgomery County judge who threw out Dann's lawsuit.
Charter schools are private schools that receive public funding.
Dann said new choices was not meeting its obligations to taxpayers and failed in its mission as a charitable trust.
Montgomery County common pleas judge Michael Tucker last year found the attorney general had no authority over the school.
A spokesman says current Attorney General Richard Cordray is weighing whether to take the case to the ohio supreme court.
(Copyright 2009 by the Associated Press. All rights reserved.)
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