July 3, 2009
School Board Levy Money Specifically Designated Location(s) for Consolidated Schools
Judge in 90s Tossed Location Change at New HHS Unless Voter Approval Obtained
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) -- Cabell County Circuit Court precedent illustrates that in 1992 litigation brought by Tom McCallister, then Circuit Judge L.D. Egnor ruled that the Cabell County l Board of Education had to abide by school locations specified in the voter approved bond issuance. The ruling was not appealed.
Under the terms of the December 11, 1990 Special School Bond Election, the projects included two new high schools and upgrading of facilities at four existing high schools for use as middle schools. The vote specified that “the existing sites at Barboursville High School, Huntington High School, Huntington East High School and Milton High School” would be renovated.
(CLICK HERE TO DOWNLOAD A PDF COPY OF THE BALLOT WITH THE SCHOOL LOCATIONS)
The 1992 litigation related to the School Board abandoning the original site for the new Huntington High School (now Kinetic Park) and re-locating to the now current site.
Plaintiffs in the 1992 litigation requested that the Cabell County Board of Education “be enjoined from locating the new high school at a site different from the location identified on the Special School Bond Election’s ballot.
Judge Egnor found the 1990 election and issuance of bonds valid, he held the funds could not be expended to build a high school at any site other than the one specified on the ballot.
In the judge’s ruling, he reasoned: “… [h]aving chosen to make the construction location specific in order to secure passage of the bond issue, the Board has … provided for the construction of an important and expensive public improvement, the location of which is just as important as its actual construction in terms of the intent evidenced by the voters at the time of the election.”
Adding credence to the 1992 ruling, the Cabell County Board of Education , the Board sought and obtained voter approval in 2006 to renovate or replace four of the six middle schools under a $60.4 million dollar bond issue. At that time, voters approved replacing the former Barboursville Middle School and Milton Middle School, as well as replacing Cammack Middle School.
However, neither the 2006 vote nor the 1990 vote contained a request from voters to relocate the proposed consolidated middle school which replaces Beverly Hills and Enslow Middle Schools.
At issue, according to the complaint filed in March 2009 by Karen Nance, Susan Gillette and Prestera Center for Mental Health Services, the Cabell Board announcing use of the “University Heights property for construction of a new consolidated middle school … contravenes the express terms of the 1990 school bond election and is, therefore, unlawful.”
The complaint continues “expenditure of funds for the construction of the proposed middle school at any site other than the former Huntington East location would constitute a patently illegal diversion of the funds approved by the taxpayers of Cabell County… Location of the consolidated middle school at any site other than the former HEHS site would constitute an unlawful departure from the authority give to the Board in approving the 1990 school board bond issuance.”
Since the 1990 bond issue had been litigated in 1992, the Prestera/Nance/Gillette complaint maintains the school board is precluded from locating a middle school somewhere other than the exists sites at “Barboursville High School, Huntington East High School, Huntington High School, and Milton High School without submitting the issue to the voters.”
(Editor’s Note: The authority to build the new Barboursville and Milton Middle facilities was subsequently given in 2006.)
The complaint follows the arguments of numerous taxpayers in the Enslow and Beverly Hills Middle School districts by asserting “[the Board’s] stated objective of constructing a modern , efficient and safe middle school can be accomplished at any of a number of sites covered by the expansive Beverly Hills and Enslow school districts.”
In its request for a declaratory judgment preventing the Board of Education from exercising eminent domain to gain the University Heights property for the new middle school, the complaint asserts a “totally haphazard and flawed” site selection process “resulting in a decision which was arbitrary and capricious” decision.
For instance, scoring sheets by the site selection committee were in some instances “left blank or designated not applicable” and in other instances committee members completed the rating process “based on a patent misunderstanding of the scoring system.”
The complaint states “by information and belief” the HEHS site “approved by voters was rejected because it would involve relocation of the [Cabell County Board of Education] offices.”
Editor’s Note: The Cabell County Board of Education has taken the position that the former Huntington East High School structure is now not suitable for conversion into a middle school.
HNN has the complaint available for download in pdf format. Due to its length, we have broken it into two downloads for the convenience of those with slower internet connections. Click HERE to download the first portion; Click HERE to download the second portion of the complaint.
Editor’s Note: An initial legal complaint outlines the plaintiff’s grievances. This complaint has not been “answered” or “defended” by the Cabell Board of Education, so HNN reminds readers that it presents only one side of the case.
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School Board Levy Money Specifically Designated Location(s) for Consolidated Schools
Judge in 90s Tossed Location Change at New HHS Unless Voter Approval Obtained
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) -- Cabell County Circuit Court precedent illustrates that in 1992 litigation brought by Tom McCallister, then Circuit Judge L.D. Egnor ruled that the Cabell County l Board of Education had to abide by school locations specified in the voter approved bond issuance. The ruling was not appealed.
Under the terms of the December 11, 1990 Special School Bond Election, the projects included two new high schools and upgrading of facilities at four existing high schools for use as middle schools. The vote specified that “the existing sites at Barboursville High School, Huntington High School, Huntington East High School and Milton High School” would be renovated.
(CLICK HERE TO DOWNLOAD A PDF COPY OF THE BALLOT WITH THE SCHOOL LOCATIONS)
The 1992 litigation related to the School Board abandoning the original site for the new Huntington High School (now Kinetic Park) and re-locating to the now current site.
Plaintiffs in the 1992 litigation requested that the Cabell County Board of Education “be enjoined from locating the new high school at a site different from the location identified on the Special School Bond Election’s ballot.
Judge Egnor found the 1990 election and issuance of bonds valid, he held the funds could not be expended to build a high school at any site other than the one specified on the ballot.
In the judge’s ruling, he reasoned: “… [h]aving chosen to make the construction location specific in order to secure passage of the bond issue, the Board has … provided for the construction of an important and expensive public improvement, the location of which is just as important as its actual construction in terms of the intent evidenced by the voters at the time of the election.”
Adding credence to the 1992 ruling, the Cabell County Board of Education , the Board sought and obtained voter approval in 2006 to renovate or replace four of the six middle schools under a $60.4 million dollar bond issue. At that time, voters approved replacing the former Barboursville Middle School and Milton Middle School, as well as replacing Cammack Middle School.
However, neither the 2006 vote nor the 1990 vote contained a request from voters to relocate the proposed consolidated middle school which replaces Beverly Hills and Enslow Middle Schools.
At issue, according to the complaint filed in March 2009 by Karen Nance, Susan Gillette and Prestera Center for Mental Health Services, the Cabell Board announcing use of the “University Heights property for construction of a new consolidated middle school … contravenes the express terms of the 1990 school bond election and is, therefore, unlawful.”
The complaint continues “expenditure of funds for the construction of the proposed middle school at any site other than the former Huntington East location would constitute a patently illegal diversion of the funds approved by the taxpayers of Cabell County… Location of the consolidated middle school at any site other than the former HEHS site would constitute an unlawful departure from the authority give to the Board in approving the 1990 school board bond issuance.”
Since the 1990 bond issue had been litigated in 1992, the Prestera/Nance/Gillette complaint maintains the school board is precluded from locating a middle school somewhere other than the exists sites at “Barboursville High School, Huntington East High School, Huntington High School, and Milton High School without submitting the issue to the voters.”
(Editor’s Note: The authority to build the new Barboursville and Milton Middle facilities was subsequently given in 2006.)
The complaint follows the arguments of numerous taxpayers in the Enslow and Beverly Hills Middle School districts by asserting “[the Board’s] stated objective of constructing a modern , efficient and safe middle school can be accomplished at any of a number of sites covered by the expansive Beverly Hills and Enslow school districts.”
In its request for a declaratory judgment preventing the Board of Education from exercising eminent domain to gain the University Heights property for the new middle school, the complaint asserts a “totally haphazard and flawed” site selection process “resulting in a decision which was arbitrary and capricious” decision.
For instance, scoring sheets by the site selection committee were in some instances “left blank or designated not applicable” and in other instances committee members completed the rating process “based on a patent misunderstanding of the scoring system.”
The complaint states “by information and belief” the HEHS site “approved by voters was rejected because it would involve relocation of the [Cabell County Board of Education] offices.”
Editor’s Note: The Cabell County Board of Education has taken the position that the former Huntington East High School structure is now not suitable for conversion into a middle school.
HNN has the complaint available for download in pdf format. Due to its length, we have broken it into two downloads for the convenience of those with slower internet connections. Click HERE to download the first portion; Click HERE to download the second portion of the complaint.
Editor’s Note: An initial legal complaint outlines the plaintiff’s grievances. This complaint has not been “answered” or “defended” by the Cabell Board of Education, so HNN reminds readers that it presents only one side of the case.
Share This Story:
Make HNN Your Homepage (IE Users Only)
