AND WHO WILL PAY THE PRICE OF THE BOE’S DELAY? THE CHILDREN
A decent report on the school site status, below.
But why has no media organization conducted its own independent investigation of the issue?
Judge Dismisses Lawsuit to Stop Construction of Monongalia Schools
Staff – Charleston
A Kanawha County judge has dismissed a lawsuit filed by a Morgantown man to stop construction of a new school at a site near the intersection of West Virginia Route 720 and U.S. Route 119 in Monongalia County.
Judge Jennifer Bailey ruled the plaintiff, Tony Christini, did not give the state and the board of education adequate notice prior to filing the suit.
“The statute requires that before you sue entities of this sort, you have to give 30 days written notice,” said Monongalia County Board of Education attorney Greg Bailey. “That was not done in this case.”
Christini, who represented himself, argued that after initially filing incorrectly, he followed all instructions the state gave him. But Bailey said resubmitting his suit did not comply with the 30-days notice rule.
In her decision, Bailey said Christini could refile his suit with proper notice. Christini says he plans to do just that.
“They just keep delaying, delaying, delaying it on meaningless procedural grounds because they’re afraid to have the case heard on its merits because they have no case,” Christini said. “These are black and white violations of Department of Education policy.”
Christini says those violations include building a school so close to a traffic-congested area. He says that’s against state code. Moreover, Christini claims, vehicle exhaust from a large number of cars could pose health risks to students.
“It’s an unsafe and unhealthy site. It should have never been considered for a school site,” Christini said.
Monongalia Board of Education President Barbara Parsons says plans for the schools will go forward. If Christini refiles, Parson says the board will address any code violation issues at that time.
“He’s passionate about his issues, obviously,” Parsons said. “He has the right to proceed in any way he desires, but this is where we are at this point.”