A lawsuit seeking to undo the Salt Lake City Board of Education's decision to close two east-side schools will go to trial in June, a 3rd District judge ruled last week.
In her ruling, 3rd District Judge Sandra Peuler rejected the district's request to have the case dismissed without a trial.
She also ruled that a number of the plaintiffs' issues are not material to the trial, essentially narrowing the lawsuit to one question: Did school board members violate their own policy when they voted to close Lowell and Rosslyn Heights elementary schools in 2001?
"We feel it is one of the more important issues that we had presented and we are anxious to put out our evidence," said attorney Mark Morris, who represents the parents and students who filed the lawsuit. "We were disappointed that the court has limited our trial to one essential fact issue, but we are very pleased we will have an opportunity to go forward."
Morris argued in preliminary hearings that board members violated — and were ignorant of — their own policy concerning school closure when they closed the schools. The board members involved in the decision to close Lowell and Rosslyn Heights may be called to the stand during the trial, he said.
"It is certainly possible we would call all of the seven voting board members as witnesses," Morris said.
The plaintiffs have also said the board acted arbitrarily and capriciously when it voted to close the schools, that there was not sufficient public input concerning the closures and that closure was unnecessary. Those issues, however, have been deemed immaterial to the trial.
The lawsuit will go forward with the trial beginning June 18. The schools are scheduled to close June 11.
Attorney John Robson, who represents the school district, said he was happy with the judge's ruling.
"We view the court's ruling as very positive because it rejects all but one of the plaintiff's arguments," he said. "We are very pleased."
He said he anticipates the defendants will demonstrate board members did not violate policy when making their decision.
In April, the judge denied the parents' request for an injunction to stop the board from taking any action to close the schools until the case has been resolved. Peuler cited previous cases that support the authority of school boards to make decisions.
She said although it's possible the school closures could cause harm, plaintiffs had not made a strong enough case to grant the injunction.
E-mail: ehayes@desnews.com