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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Archive for June, 2009
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.)
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