A citizens group fighting to keep West Newton Elementary School open will get its day in court.
Members of Families Against Closing Schools is seeking an injunction to keep the 41-year-old school open in the Yough School District.
Westmoreland County Judge Daniel Ackerman on Friday set a schedule for both sides to file briefs on their positions, with oral arguments set for July 26. It is hoped a decision will be reached by early August in the lawsuit filed by FACS.
"I believe it's a very positive step," said FACS member Diane Appolonia, who in May won the Democratic and Republican nominations for a seat on the Yough school board. "I really, truly think that the travesty in this whole process has been from the beginning we've asked to be a part of helping them decide ... and we have been shut off from day one."
Board members voted 6-2 earlier this month to close the school. District officials said the move, affecting more than 200 students, could save about $600,000. Attorney Gary Matta, representing the citizens group, said Ackerman felt there was no need for a special injunction once it was determined the board would not take any action in July concerning the school.
"I don't believe there will be anything that will affect the West Newton issue until we hear from the judge," said district Solicitor Falco Muscante.
In its lawsuit, the citizens group argued that the board determined before its meeting to close West Newton.
"We're actually going to argue the merits of the ability of the board to close this or not to close it," Matta said yesterday outside the courthouse. "I personally believe they acted outside the (Pennsylvania) School Code and outside the Sunshine Act. I believe that will come through within the next month through the briefs and through the oral argument and I believe we'll be successful in keeping this building open."
School board President Linda Knor said ample information was provided to the public throughout the board's deliberations.
"We can't possibly tell them everything we did. We gave them copies of the study from (Superintendent Lawrence) Nemec. We gave them copies of the feasibility study. We took questions," Knor said yesterday. "I don't think our taxpayers can continue to pay increased taxes. I have a responsibility to everybody in our district. We can provide same education, same-size classrooms. We're not providing anything different except busing to some students not bused before."
About 60 concerned residents, including 10 children of elementary-school age, showed up at the courthouse in Greensburg yesterday.
"They haven't taken the children into consideration," said Tiffany Bacha, of West Newton. "I want nothing more than my daughter and my son to go there. I went there. I will do anything" to keep it open.
Lori Luppold, of West Newton, said the judge's decision was met with applause by parents.
"It's a small community school. There's only 200 students there, but the work they do there is phenomenal," Luppold said. "We have a lot of information. I'm anxious for the judge to hear both sides and then make the decision."
Stipulations of fact must be filed by July 10, with a brief from the citizens group due July 17 and the district's brief due July 24. Arguments are scheduled July 26. Muscante said Ackerman hoped to have a decision by Aug. 7.
Muscante said the district was pleased an injunction was not issued.
"This is more of a legal issue," he said. "It gives the judge the benefit of us consolidating everything in writing and he can examine both sides of the issue. It's a good solution by the court to deal with a difficult and complicated issue."
