Lawyers File New Briefs Before Hearing on Clifton Elementary School Closing

On Monday afternoon, lawyers on both sides of a lawsuit over the closure of Clifton Elementary School filed supplemental briefs with Fairfax County Circuit Court.

The briefs were filed less than two days before Wednesday's 9 a.m. hearing, where Judge Dennis J. Smith is expected to rule on a case that has spurred a community campaign in Clifton to the save the school. 

The suit, brought by a group of Clifton parents, alleges that the School Board abused its power and acted in an "arbitrary and capricious" manner when it voted in July to close the school.

The Board cited poor water quality, high renovation costs and projected declines in enrollment as the reasons for its decision. The plaintiffs dispute the accuracy of these claims as well some of the procedures the Board used to arrive at its decision.

At the hearing, scheduled for Wednesday morning, Judge Smith is expected to rule on a "demurrer" motion filed by the lawyers for the School Board.

He will not be deciding if the plaintiffs' contentions are true, but "whether the plaintiffs have stated a claim upon which relief can be granted."

In essence, he will decide if there is a proper legal basis for the case to be heard.

At the previous hearing, on Nov. 22, Smith said that he's "not sure that all of this can be disposed on demurrer. Maybe it can; maybe it can't, but I'm going to put a firm date on giving you a final ruling on this," indicating that he will issue his decision on Dec. 1.  

The plaintiffs' supplemental brief reiterates many of the arguments made by Benjamin Chew, lead counsel for the plaintiffs, at the Nov. 22 hearing where both sides argued before Judge Smith.

The brief reasserts that the board's decision to close Clifton was arbitrary and capricious.

It refers to a June 28 public meeting, which has been a focal point of this case, at which the issues of water quality, construction costs and enrollment were discussed. The brief says that "speakers repeatedly disproved each 'reason' proffered by the Board."

It further states that the "the Board offers only false 'facts,' not true reasons. This is the quintessence of arbitrariness….The Board has no cogent reason for its decision."  

The brief also argues that the plaintiffs have legal standing because they are burdened by the board's decision. This includes children with special needs who will be affected, and the decline of property values and business interests that will result from the closing of the town's only elementary school. 

Finally, Monday's brief claims that the board violated the plaintiffs' legal right by not giving them proper notice of the decision to close the school. It calls the July 8 hearing where the decision was made a "bait-and-switch" in which the board misled the public by "noticing a hearing on one proposal – renovating and relocating to a specific site – and then voting on an entirely different proposal: closing the school altogether."

The lawyers for Fairfax County School Board also filed a supplemental brief. They argue that the plaintiffs do not qualify as "aggrieved" because of the potential consequences of the school closure.

The brief states that the "Plaintiffs have identified no personal or property right that has been divested by the School Board's decision to close Clifton Elementary."

The brief addresses some of the plaintiffs' arguments including the burden of inconvenient and distant travel to another school, the special needs argument, and the contention that business interests and property values will be affected by the closure. On this final point the brief argues that "Plaintiffs have identified no law that gives a parent a right to have an elementary school near one's home or business."

All of the potential effects, the defendant's brief claims, "are, at best, hypothetical or indirect, and do not render Plaintiffs 'aggrieved.'" 

The defendant's brief also argues that the plaintiffs have "failed to allege any due process violation." It notes that "Virginia law, which affords Virginians the right to a free public education, does not provide any right to attend one elementary school over another."   

At the most recent hearing for this case on Nov. 22, Smith said the situation involved "complex issues" with "a constitutional basis," and called for additional information in the form of yesterday's briefs.

To read the original complaint, click here.

Please check Fairfax Station Patch on Wednesday for news about the expected ruling.