February 1, 2012 in City

School move lawsuit tossed

Judge: Hart Field group missed deadline

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A lawsuit that South Hill neighbors hoped would prevent the move of Jefferson Elementary School has been thrown out.

The case was dismissed by Spokane County Superior Court Judge Gregory Sypolt on a technicality. The opposition – Hart Field Preservation Organization – failed to meet a 30-day deadline to appeal the district’s decision to move the school from its current location at 37th Avenue and Grand Boulevard to 37th and Manito Boulevard.

The group’s attorney, Seattle-based David Bricklin, was unable to argue the primary complaint: that language for the bond on the 2009 ballot, which included building funds for the elementary school, stated that the district would “modernize” the school, not move it and construct a new school, which would constitute a misuse of bond funds.

School officials welcomed the ruling.

“We are pleased with Judge Sypolt’s decision,” said Mark Anderson, Spokane Public Schools associate superintendent. “We knew we had followed the letter of the law in deciding where to place the new Jefferson Elementary and are hopeful the group opposing this decision will now put this issue to rest.”

The Hart Field Preservation Organization has not asked Bricklin to appeal the case, but the attorney thinks the group should go back to court.

“We have a strong case that the district is misusing the bond funds and will damage the neighborhood and Hart Field as a result,” Bricklin said. “Those issues were not addressed. We do not believe that decision is consistent with judicial precedent and have advised our clients that an appeal on that issue has a good chance of success.”

The school district spent about a year analyzing traffic and studying the impact on home sales. It took hours of testimony on the proposed changes to Jefferson and received hundreds of letters and emails. Additionally, a specialist determined that building the school at the proposed location would have no significant impact on the environment under the State Environmental Protection Act, Anderson said. Part of the school would be built on Hart Field.

“We are confident that any appeal or any further action by this small group will have the same outcome in favor of the school district,” Anderson said. “It makes no sense why these neighbors wasted the taxpayers’ money by filing this suit in the first place, much less why they would now consider an appeal.”

Two comments on this story so far. Add yours!

• 

  tomnsahl on February 01 at 8:41 a.m.

  Having attended Jefferson and lived in/around the area for over 30 years - this is needed for the neighborhood.

  I get the concern of those who live close to the proposed site, but that is not a good reason not to improve the facility, parking and safety of kids walking and getting rides to/from school.

  THIS change is good - finally! Thanks Judge Sypolt.

• 

  WillyPeter on February 01 at 2:31 p.m.

  The 2nd and 3rd paragraphs in this story pretty much say it all.

  Judge Sypolt unfairly settled this issue before he ever heard the argument from the citizens who petitioned the court for “truth and justice.”

  He simply dismissed, and never heard, what he knew to be a fair and substantive complaint with a technicality. He could have fairly and properly ruled either way. And allowed the principal, aforementioned issue to be argued.

  Did the District intentionally and “illegally” mislead the voters with the wording of the bond’s ballot to “modernize” schools, and then after acquiring voters approval, say that they were not going to modernize an existing school (Jefferson Elementary) as promised, but build a new Jefferson a half-mile away. Written documentation exists that proves that that is exactly what they planned. !

  Judge Sypolt, I suspect, saw that a citizens’ organization was challenging School District 81 (can you imagine!), and took the short-cut.

  If you’d sat in the court room you could have seen it for yourself.

  Shame on Greg Sypolt.