Less than five hours after hearing arguments from the city of Rochester and the city school district, the New York state Court of Appeals returned a decision on the legality of a proposed referendum, deciding voters won’t see it on the ballot.

Court of Appeals justices made the decision to side with the state Supreme Court on a ruling handed down last month.

Earlier this year, Mayor Lovely Warren proposed a referendum that would allow city voters to weigh in on changing the city's charter to allow for a potential state takeover, and the removal of the current board of education from their elected positions.

The school district argued that the referendum, as proposed, contained language that could have misled voters. The state Supreme Court sided with the district and Wednesday the appeals court agreed.

Mayor Lovely Warren responded to the decision, saying it doesn't weaken her resolve to fix what she calls a broken system.

"We will continue to demand our state legislators act, and work locally to realize the Distinguished Educator’s plan throughout our school district. Through this work we will make sure the voices and ideas of parents, grandparents and students are heard,” Warren added.

School board members told Spectrum News before the decision was released that, whatever the courts decide, everyone is responsible for getting it right  for Rochester’s kids.