Judge to rule on combining injunction with Waverly lawsuit

Published: Aug. 2, 2020 at 8:53 AM EDT
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PARKERSBURG, W.Va (WTAP) - The Wood County Board of Education wants a request for an injunction halting the closing of Waverly Elementary School combined with a pending lawsuit in the case.

Judge J.D. Beane received the board’s request just before a scheduled hearing Monday on the injunction, filed by a grandparent of a Waverly student.

The lawsuit, challenging the closing and the transfer of Waverly’s students to the soon-to-be-opened Williamstown Elementary School, is pending in Kanawha County Circuit Court.

Waverly was one of three elementaries closed by the school board at the end of the 2019-2020 school year.

”(The opponents) may say the facility at Williamstown Elementary is just insufficient,” argued the board’s attorney Aaron Boone. “Those are issues that Judge Jennifer Bailey dealt with, on a grander level, for three days.”

“This action rises out of the board of education’s implementation of the tool kit, as they applied it to their reentry plan,” said plaintiffs’ attorney Patrick McFarland. “It has nothing to do with whether it was appropriate to close any of these three schools.”

Judge Beane is expected to rule on the board’s motion later this week.

In their latest arguement, opponents of the closing say transportation of students to Williamstown violate the COVID-19-related opening plan recently approved by the board.

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