Below is a copy of Judge Michael Finifter’s ruling against the four Ruxton homeowners trying to stop construction of West Towson Elementary. Click on the small square in the top right of the document to read an enlarged version of the court order. Thanks to Bryan Sears of the Towson Times for posting the link to this document.
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The four Ruxton residents trying to stop construction of West Towson Elementary School have lost their bid for a preliminary injunction. Construction can continue.
Baltimore County Circuit Court Judge Michael Finifter ruled late yesterday that the plaintiffs failed to prove irreparable harm or inconvenience.
While the four residents can continue with their lawsuit against the school system, attorneys for Towson Families United say such cases usually take 12 to 14 months to get to court – at which time the school would already be built and ready to open.
“The nature and extent of the harm that plaintiffs contend would arise during the interim period in the absence of injunctive relief is speculative,” the judge wrote in his order.
Because they couldn’t prove irreperable harm, the other standards of proof that the plaintiffs would need to satisfy weren’t examined. These include a likihood of success in court; the balance of interests, showing which party would suffer greater injury; and that the injunction would benefit the public interest.
The plaintiffs have not yet said whether they will continue to pursue legal action. This is the second time the four residents have lost in court. A different judge denied their request for a temporary restraining order earlier this Spring.
The new school is scheduled to open in August of next year. With 451 seats, it will still only solve about half of Towson’s elementary school overcrowding problem.
Read Baltimore Sun coverage of the ruling here. (6/4: Now updated with reaction from the losing attorney, Margaret Fonshell Ward.)
Today’s Towson Times includes an article about last week’s hearing to stop construction of West Towson Elementary School. In the article, school system attorney Margaret-Ann F. Howie said the plaintiffs’ argument that the school is too close to residential homes could prevent similar construction in the future.
“There is no local board of education anywhere in Maryland that could build a school in a residential area,” Howie said.
The article also quotes TFU chairwoman Cathi Forbes, who said that schools and neighborhoods co-exist all throughout the county. “It’s not a toxic dump. It’s a place where kids go to school,” she told the newspaper.
Channel 13’s coverage of today’s court hearing pretty much speaks for itself.
The plaintiffs suing the Board of Education to stop construction of West Towson Elementary School had their day in court today. But Judge Michael Finifter declined to make an immediate ruling. Lawyers for Baltimore County Public Schools filed a motion earlier in the day to immediately dismiss the case, as the plaintiffs did not bring forward any witnesses.
The attorney for the plaintiffs, Margaret Fonshell Ward, asked the judge if she could have until Tuesday to respond to BCPS’s request for dismissal. The judge agreed, but it was unclear when he might actually decide the case. Attorneys for Towson Families United said the ruling could come in days, or it may take months. Meantime, construction can proceed.
Ward is asking for a preliminary injunction, which would halt construction until the plaintiffs’ case can be heard in court. To win such an injunction, the plaintiffs have to prove all four of the following: (1) the likelihood they will be successful in court; (2) that they will suffer irreparable harm if the injunction isn’t granted; (3) the balance of interests, showing which party would suffer greater injury ; (4) that what they are asking for benefits the public interest.
Andrew Nussbaum, an attorney representing Baltimore County Public Schools, said the plaintiffs had not brought forth any evidence to prove these things, nor did they produce any witnesses. The law, he said, requires a “full, adversarial hearing” in order to receive a preliminary injunction.
Ward countered that she had filed affidavits proving these points, and that witnesses weren’t necessary. The judge questioned Ward on that point, asking her what she thought a “full, adversarial hearing” meant. Ward responded, “What is happening right here. They’re presenting their case, we’re presenting our case.”
A packed courtroom watched as Ward and Nussbaum made their arguments.
Ward opened by saying the school system has acted recklessly in its deliberations over a new school site. “There has been an abuse of power by the Board of Education toward the plaintiffs and the community as a whole,” she said.
Nussbaum later responded that the school system followed all procedures, and that in many cases, the plaintiffs were misinterpreting the school system’s stated procedures. In particular, Nussbaum said the site selection process was not violated, as the plaintiffs contend.
“There is no requirement to establish the site as a school site. It already is currently being used as a school,” he said.
Ward also claimed that the Board violated it policy by not looking at the possibility of redistricting students through boundary changes. Another school system attorney replied that BCPS did, in fact, study this. But that only 40 seats were available in other schools — and more than 400 are needed.
When the issue of public interest arose, Ward argued that it “can’t be quantified as four (plaintiffs) versus 450 (children).” She said the four plaintiffs had been “abused” by the Board of Education, and their rights must be preserved.
Nussbaum, meantime, noted there is a long tradition in Maryland that courts won’t intervene in the building of schools. He cited a state statute from 1879, which read, “Unless the Board of Education has acted corruptly and fraudulently, the court should not intervene.”
Stay tuned to this blog for further updates. And read Baltimore Sun coverage of the hearing here.
SPREAD THE WORD TO YOUR FRIENDS AND NEIGHBORS IN TOWSON.
Preliminary injunction hearing to stop construction of West Towson Elementary!
• 9:30 a.m. tomorrow (Thursday)
• Courtroom 3, third floor, Baltimore County Circuit Court (401 Bosley Avenue)
• Judge Michael Finifter
Please note that Judge Finifter has other cases scheduled at the same time, and our case may not be first. We appreciate your attendance as a show of support for the 500+ Towson families who stand to lose if this lawsuit proceeds. Also note that the hearing location is subject to change. For your reference, the case number is: C-09-004611. You can always check in the lobby of the courtroom for the correct room number. See you there!
A second court hearing on a lawsuit to stop construction of the new West Towson Elementary School is set for this Thursday morning, most likely at 9:30 a.m. in the Circuit Court building at 401 Bosley Avenue (see map below). We will post the exact time and courtroom number late Wednesday afternoon, when the information becomes available.
There is strength in numbers. So please plan on attending this hearing, to support the more than 500 Towson-area families who stand to lose if four Ruxton residents are successful in stopping the school’s construction. When you arrive, please sit or stand behind the attorneys for Baltimore County Public Schools — generally the right side of the courtroom when facing the judge.
The new, state-of-the-art elementary school is being built to help alleviate Towson’s massive elementary school overcrowding problem, which was ignored by county and school officials for far too long. After a hard-fought campaign one year ago, Towson residents received the welcome news that a new elementary school would be built on the campus of the Ridge Ruxton special needs school.
Four Ruxton residents are suing the school board, claiming that the new school will hurt their property values. Last month, they failed to win a temporary restraining order, after a judge said she was “unpersuaded” by their arguments. This Thursday, they will have another chance to make their case at this larger hearing. A summary of the last hearing can be found here.
Please spread the word to your friends in Towson. Whether you have children in the school system or not, we all have a stake in the outcome of this case. See you Thursday morning!
The Baltimore Sun reports that a preliminary injunction hearing to stop construction of West Towson Elementary School has been set for Thursday, May 21. We will be posting the time and location of the hearing as soon as it is determined, so all those concerned can make plans to be there.
This new hearing is expected to be much more in-depth than the one held April 28, when the four Ruxton residents aiming to stop construction of the new school failed to win a temporary restraining order. Those residents contend that the new, state-of-the-art elementary school will hurt their property values. School system attorneys, meanwhile, argue that the needs of more than 500 Towson-area children must take precedence.
If the plaintiffs lose this preliminary injunction hearing, they could still proceed with legal action. But that could take months or years, by which point the new school would already be built. If the plaintiffs succeed in delaying or stopping construction, it would leave more than 500 Towson without a long-overdue solution to Towson’s dire elementary overcrowding problem.
Baltimore County Public Schools’ legal department has engaged outside council to assist with the case.
Chalkboards. Projection screens. Sports equipment. These were just some of the purchases approved last night by the Baltimore County Board of Education, for the new West Towson Elementary School.
After four Ruxton residents failed to gain a temporary restraining order last week to stop construction of the school, the school system moved quickly to keep the project on track for its fall 2010 opening.
In total, the school board approved $8 million in contracts for the school, including those for electrical and mechanical work, plumbing, ventilation and — yes — air-conditioning.
Read the Baltimore Sun’s coverage of the story here.
Towson Families United has seen its membership numbers grow a lot lately, most likely because of the lawsuit that has been filed to stop construction of West Towson Elementary.
In an effort to keep our community-minded members in touch with one another, we’ve launched a new Facebook page. It’s a great way to stay informed and connected to the greater Towson community.
Click here to become a fan.
Those opposing construction of West Towson Elementary School are fond of saying that the idea of a new school on the same grounds as Ridge Ruxton took them completely by surprise. But as this April 8, 2008 ABC2 News report shows, the Board voted that night to authorize studying the feasibility of a new, free-standing school on that site. They also decided to study a number of other options, including a school on the site of the current Bykota Center.
This gave anyone following the issue at the time nearly a full month to have their voices heard, for or against, a new school on the Ridge Ruxton grounds. Another school board meeting, during which public comment was also allowed, occured on April 22. The final vote on the location of the new school did not come until May 6, 2008.
Those now opposing the new school did not speak at any school board meeting prior to that May 6th vote.
In their latest unconscionable act, the four Ruxton residents who are suing to stop construction of West Towson Elementary School are asking for financial aid from a large, umbrella neighborhood association — a group that even includes some families with children attending Rodgers Forge.
The Ruxton-Riderwood-Lake Roland Area Improvement Association sent an email to its entire membership today, asking for their “feedback” on whether the association should contribute to the plaintiffs’ legal expenses. Members were asked to reply “Yes” or “No” to the organization, which has already taken an official position against the new school.
Here is the email in full:
Dear Member,
You are probably aware that Baltimore County Public Schools (BCPS) is planning to build a second school on the Ridge Ruxton School site on N. Charles Street. For over a year, our board members have been monitoring the need to solve the overcrowding in area elementary schools, the Baltimore County Public School’s decision to build, and the legal complaint filed last week by adjacent homeowners. The basis of the lawsuit cites the failure of BCPS to follow its own policies and procedures in reaching its decision to build, and the result is damaging the personal property of our community members. The residents who have filed suit have requested a small amount of financial assistance from RRLRAIA to pursue their case. Before making a decision with regard to that request, we thought it best to survey our members for their input in that decision.
The lack of process by the school board and BCPS, including the avoidance of community input, is the type of issue that RRLRAIA has a long history of working to correct. Although the needs of the children in crowded schools weigh heavily, and is a matter of great importance, the failure of the BCPS to follow required procedures and guidelines in the process of deciding where to place the school, and not taking into consideration the effect of the placement of the school at the Ridge Ruxton site upon the adjoining neighborhood, could have long-term implications for our community. The failure of governmental agencies to follow procedures enacted to protect communities from decisions made without seeking community input or considering the effect of a project upon a community’s future, could negatively impact us in the future, when in a non-school context, the county were to ignore the opinions of and effect upon a community with regard to a different project.
We are asking for your feedback on this issue. Please reply to this email message by May 15 to tell us your position. Please include your name and address so we can verify membership (we will not divulge individual responses).
Type “Yes” in the subject line if you approve of using RRLRAIA funds to protest the lack of policies and procedures by BCPS in addressing the school overcrowding situation. Type “No” in the subject line if you do not support the use of RRLRAIA funds for this purpose.
We would also like to hear from you if you do not have a strong opinion one way or the other–simply type “No Opinion” in the subject line.
Sincerely,
Kathleen Frederick Palencar
President
Ruxton-Riderwood-Lake Roland Area Improvement Association
ABC2 News was in court today to cover Judge Judith Ensor’s ruling against the four Ruxton homeowners trying to stop construction of West Towson Elementary School.
A Baltimore County Circuit Court judge today denied a request from four Ruxton residents to temporarily stop construction of West Towson Elementary School.
Judge Judith Ensor said the plaintiffs have failed to show “immediate, substantial and irreparable harm” resulting from the construction of an elementary school near their property.
“I am unpersuaded,” Judge Ensor told the plaintiffs’ attorney, Margaret Fonshell Ward.
The courtroom seats were packed with members of Towson Families United as the school system attorney, Margaret-Ann F. Howie, made the case that construction must continue. Besides Ward, no one opposed to the school — including the four plaintiffs themselves — showed up in court today.
Ward argued that the four plaintiffs will suffer irreparable harm because bulldozers would be near their house, creating noise, and because she said their homes would be worth less due to their proximity to the new school.
“Their property values will be damaged immediately,” Ward told the judge.
Ward also argued that the plaintiffs have not had an adequate opportunity to express their views, despite making their case before the governor at the Board of Public Works last year.
Howie called Ward’s arguments “simply incomprehensible,” saying that you can’t compare the “inconvenience” to four people to the pressing needs of 500 students affected by Towson’s overcrowded elementary schools.
The judge began questioning Ward very early into her argument, challenging Ward’s statement that the school system was trespassing by building an access road on the property. When Judge Ensor called it “a nuisance perhaps,” Ward backed off the accusation.
Judge Ensor did say she was not moved by the school system’s arguments that the plaintiffs should be denied simply because they only filed one affidavit, and did not post the usually required bond. She said she made her ruling based solely on the fact that the plaintiffs did not show immediate harm.
The temporary restraining order was denied, so construction can continue while both sides prepare for a preliminary injunction hearing, with testimony, in mid-May. Written arguments for this are due May 6.
UPDATE: Read baltimoresun.com coverage of today’s hearing here.
Read Towson Times coverage of the issue here.
We have just been informed that an Injunction Hearing has been scheduled for 9:45 a.m. tomorrow morning — Tuesday morning — in the Circuit Court Building on Bosley Avenue — Courtroom #6.
Four Ruxton residents are seeking a court order to stop construction of the new West Towson Elementary School. If they are successful, even in delaying the project, the school may not be able to open as scheduled. And our children will be forced for yet another year to put up with the worst overcrowding anywhere in the state of Maryland.
Can we really tolerate any more delay? Can we really sit back and watch yet another selfish person stand in the way of what our children deserve?
We are urging anyone interested in solving the overcrowding problem in Towson to attend. We should try to sit on the side of the court behind the County attorneys — which we believe to be the right hand side of the courtroom, when facing the judge. Those attending should be quiet and respectful of the court.
It is important that we show the judge just how much community support there is for this project. We have come too far to see the only viable solution to Towson’s overcrowded schools fail.
Hope to see you in Court.
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