A Baltimore County Circuit Court judge has denied a request to halt construction of a new elementary school in Towson.
The Towson residents who made the request and filed suit against the Board of Education in April failed to prove they would suffer irreparable harm or inconvenience from the construction of West Towson Elementary, wrote Judge Michael J. Finifter in his ruling late Tuesday on the preliminary injunction. His order focused on hardship that either side could face until a decision is made on the merits of the lawsuit.
"Both parties have failed to establish actual or imminent irreparable harm or inconvenience," Finifter wrote.
The plaintiffs, whose properties are near the construction site next to Ridge Ruxton School on Charles Street, contend that the school board failed to comply with laws and policies in deciding to build West Towson and did not give the community prior notice.
In his ruling, Finifter noted their arguments about the disruption that the construction would present to "the quiet enjoyment of their homes" and how the school's proximity would diminish property values. But "the nature and extent of the harm" the plaintiffs argue that they would suffer while waiting for their case to be heard is "speculative," Finifter wrote, adding that the affidavits submitted did not convince him.
The opinion outlined four factors considered for a preliminary injunction: whether the defendant would be injured more by granting such a motion than by refusing it; whether the plaintiffs would "suffer irreparable injury" unless it is granted; the likelihood of the plaintiffs' success on the merits of the case; and public interest.
The plaintiffs must show that all four elements are in their favor, the ruling said. Because they failed to establish irreparable harm and inconvenience, the other factors do not need to be considered, Finifter wrote.
Margaret Fonshell Ward, the residents' attorney, said it was unclear "what more the court could have wanted or needed to show there would be harm," and that describing their concerns as "speculative" was "simply an inappropriate and incomprehensible term."
"Obviously, the plaintiffs and I are very disappointed in the decision," Ward said. "It's a very sad day when a government agency can abuse its power, as the Board of Education has with regard to these people's property rights, and not have that corrected by the courts."
Ward said she plans to talk with her clients before determining how to proceed.
Kara E.B. Calder, a schools spokeswoman, said the district "will be following up with our neighbors sometime in the future for conversation about how we can have a good relationship."
In his decision, Finifter also noted that the board's claims of potential hardship fell short. The school board argued that a delay would compromise its responsibility to ensure that students are provided with a quality education and result in financial penalties and increased construction costs, he wrote. But the board had to prove the "imminent threat of irreparable harm" to itself, not the Towson community, which it failed to do, the ruling said.
Cathi Forbes, chairwoman of Towson Families United, which has pushed for a solution to school crowding, said she was relieved by Finifter's ruling.
West Towson remains on track to open in August 2010, Calder said.
