Brief in Support of Emergency Motion of Defendents For a Stay or Suspension of Proceedings

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AFFIDAVIT OF DAVID B. McDOWELL

STATE OF MICHIGAN)
) ss:

COUNTY OF WAYNE )
I, DAVID B. McDOWELL, being first duly sworn do depose and 

say as follows:
1. I am now and have been for some time past, the 

Superintendent of Clarenceville School District of Oakland and Wayne 
Counties, Michigan.

2. This Affidavit is made in support of a Petition, 
addressed to the United States Court of Appeals, 6th Circuit, to 
which Petition this Affidavit is attached.

3. Deponent shows that personnel under his supervision 
and Deponent personally, have researched the history of Clarenceville 
School District. In addition thereto, James L. Leary, an Assistant 
Superintendent of this School District, in connection with research 
for the purpose of preparing for a degree of Doctor of Education, 
made an extensive and intensive search of the history of the afore­
said School District. From all of the foregoing, such portions
of that history deemed to be pertinent to the issues involved in the 
foregoing pleadings will be included in the statements herein made.

4. Deponent shows that the matters herein asserted are
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stated on information and belief, but that the deponent believes, 
and has good reason to believe, that the same are true, and that his

EXHIBIT H

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belief is predicated upon personal study and research into the 
history of the said School District, and the research of other 
personnel of the School District and James L. Leary, as set forth 
above.

5. Deponent shows that white settlers began arriving
in the area of the School District (now identified as the area lying 
along Grand River Avenue in the vicinity of Inkster and Middlebelt 
Roads) about the year 1820 and settled upon what had been Indian 
lands. Land grants were made by the government, and houses and 
businesses established in the area during the period 1830 to 1840.

6. Deponent shows that the named School District was 
established, as fractional School District No. 5, on January 26,
1837, by action of the Farmington Township School Commission. The 
boundaries of the School District as then established were substan­
tially identical with those now existing. The School District then, 
as now, was located partially in Oakland and partially in Wayne 
Counties, and then occupied, and now occupies, a portion of the 
Townships of Farmington, Redford and Livonia (the latter now being 
the City of Livonia).

7. A school building was first erected in the area in 
1835. That building was replaced by a log structure in 1850, which 
latter building continued to be used for upwards of 50 years. Sub­
sequently, other buildings were constructed as needed.

8. Originally, the School District provided for education



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only in grades 1 through 8. In 1920, grades 9 and 10 were added 
In 1944, grades 11 and 12 were added.

9. In 1960, the School District was re-classified from 
a School District of the Fourth Class to a School District of the 
Third Class as those terms are defined and used in the School Code of 
1955 (State of Michigan) as amended (MCLA 340.1 et seq).

10. Deponent shows that it his conclusion, based upon 
his personal research of the history of the School District and the 
research of other personnel of the School District as indicated above 
that the boundaries of the School District, and the facilities create 
therein, were established in recognition of the needs of the whole
of the population within the community, and that the boundaries of 
the School District were established, and have been maintained, 
without regard to any classification, division, or assemblage of 
persons on any basis whatsoever related, directly or indirectly, 
to race, religion, color or national origin of any person whomsoever.

11. Deponent shows that at no time was Clarenceville 
School District or any portion of it a part of the School District of 
the City of Detroit, Michigan.

And further, the Deponent sayeth not.

David B. McDowell
Subscribed and sworn to before me 
this JL1__ daY of j'1// ■■ r— . A.D., 1972.

J/. /:;/■ /,AiX 
3 3 iNotary Public, County, Mich.

My commission expires ; //- f--

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VIRGINIA G. PEPPIER 
Notary Public, Oakland County, Micfi. 

My Commission Expires 11-29-75