within the authority, if not the duty, of local school boards to fulfill their statutory
responsibilities, no matter who the defendants are.
Even if we had not reached this conclusion as to the individual county and local
independent school districts, it is beyond cavil that the Council, being an
independent, legally separate, properly formed non-profit corporation, has the legal
authority to sue the General Assembly. We are cited no authority, and can find none,
that would enable us to pierce the corporate veil and legally cut off the rights of the
individual corporate members.
STANDING
Appellants next argue that the Council and the local school boards have no standing
to join in this lawsuit.
In order to have standing to sue, a plaintiff need only have a real and substantial
interest in the subject matter of the litigation, as opposed to a mere expectancy.
Winn v. First Bank of Irvington, Ky.App., 581 S.W.2d 21, 23 (1978). And, as we
have said: "It is fundamental that in order to have standing in a lawsuit a party must
have a judicially recognizable interest in the subject matter of the suit."
HealthAmerica Corporation of Kentucky v. Humana Health Plan Inc., Ky., 697 S.W.2d
946, 947 (1985).
The issue of standing is one which is to be decided on the facts of each case.
The Council and the local school boards as plaintiffs in this case are statutorily
obligated to promote public education for their respective constituents--the students
in their school districts. The local districts are part and parcel of a system of common
schools created by the General Assembly, which purports to be constitutionally
efficient. If the system is not efficient, the local school board's duty is to make every
effort to remedy that situation. Included in that responsibility is the filing of this
lawsuit. The local school board and the Council have a judicially recognizable interest
in a system of efficient common schools, and we so recognize and declare.
VII. IS THIS A PROPER CLASS ACTION WITH RESPECT TO THE INDIVIDUAL
STUDENT PLAINTIFFS?
Twenty-two student plaintiffs, suing by and through their parents as next friends,
argued to the trial court that they were entitled to maintain the lawsuit as a class
action on behalf of "all similarly situated students in Kentucky's property-poor
districts." Appellants deny appellees' claim.
CR 23.01 authorizes the filing of a class action and sets up the requirements
therefore. CR 23.03 requires the trial court, "as soon as practicable after the
commencement of an action brought as a class action" to make a determination "by
order" as to whether a class action may be maintained.
It is clear that when the trial court fails to make findings of fact and fails to certify
the evidence of a class, within the purview of CR 23, there can be no class action.
Brockman v. Jones, Ky.App., 610 S.W.2d 943 (1980).
No hearing was held by the trial court in this case, no findings of fact were made by
the trial court as to the propriety of a class action, and none of the requirements of
CR 23.01 or 23.03 were followed. In fact, the only reference to a class action other
than in the pleadings appears in Document ## 1, dated May 31, 1988, in which the
court, in its findings of fact identified some of the plaintiffs as "a number of parents
and individual students representing as a class all similarly situated students in
Kentucky's districts."
For the failure of the trial court to follow the mandate of CR 23.01 and 23.03,
appellants argue there was no class action. We concur.
However, the absence of, or the failure to create a proper class, in no way changes
the decision of the trial court or, for that matter, of this Court, with respect to the