Lawsuit Against LW210 Dismissed, But Group Can Try Again: Judge

This story has been updated

A group of Lincoln-Way District 210 residents suing to block the closing of Lincoln-Way North High School saw their lawsuit dismissed Friday, but the judge invited them to amend their complaint on one claim, and try again.

Earlier this week, Rickmon heard competing arguments from the Lincoln Way Area Taxpayers United and District 210 on the district's motion to dismiss the suit.

The school district maintains the court has no authority to review the board's decision to close LW North.

The LWATU is seeking a preliminary injunction to prevent the school’s closing, and ultimately wants to see a court rule in its favor and overturn the school board’s decision. The taxpayers group formed this year as District 210 officials discussed closing a school.

LWATU's attorney, Steve Eberhardt, countered that D210 officials did not provide taxpayers a "duty of reasonableness" in making their decision.

Rickmon indicated he will consider the case on "the arbitrary and capricious charges on closing ANY school or closing North go forward." LWATU intends to file an amended complaint in the next two weeks. A status hearing has been scheduled for April 21.

"We remain fully confident that the Court will affirm that the Board’s actions in this matter, while difficult and painful, were appropriate," the district said in a release Friday.

The decision officially was made in August, although the district appeared to be heading in that direction for much of the year. Word first surfaced publicly in May — at the time, Supt. Scott Tingley said “no formal discussions” had taken place — but sources say administrators had been talking privately about closing LW North for months before that.

LWATU and individual parents who’ve joined the legal action note in the lawsuit that the first public mention by the Board of the possibility of a school closure came during discussion at the June 11, 2015, Board of Education meeting.

Just two months later, on Aug. 13, 2015, the Board voted 5-2 to close North. The school is scheduled to close at the conclusion of this academic year.

LWATU maintains the board and the school district administrators have made questionable, irresponsible, even sneaky, financial decisions.

In the lawsuit, LWATU also claimed board member Christopher Kosel's vote was invalid because he did not complete state-mandated board member training. The judge dismissed that claim on Friday.

This is developing and will be updated.