Superintendent Frank Devono claims in today’s Dominion Post that “If the judge does rule against us” on the green school site “we’ll do what we need to do to get the site compliant.”
Maybe the Superintendent will jack the site up on 500 meter stilts above the health-damaging vehicle exhaust.
Maybe the Superintendent will direct the Department of Transportation to abandon the impending divided four-lane highways and four-lane intersection or to move both highways and their intersection hundreds of meters away. Good luck with that.
The point of the lawsuit is that not only is the site not compliant but that it cannot be made compliant, and the Superintendent knows it. Or should.
The Superintendent also says fatuously, “I’m not even sure if a judge would say no at this point, since the state board [of education] has already approved it.”
How dare a judge find a state agency in violation of the law!
Is the separation of powers between the judicial, executive, and legislative branches of government not taught in the schools that the Superintendent oversees?
Judge Jennifer Bailey will hold a hearing on the lawsuit in Kanawha County Circuit Court on Friday, February 18 at 1:30. The hearing, according to the judge’s office, is to be about two things, 1) the state’s motion to dismiss, and then 2) a status conference.