Judge rules in favor of bond issue

Friday, October 10, 2003

Red Willow County District Court Judge John Battershell ruled Thursday that the bond issue and the petition to merge the Republican Valley and Twin Valley school districts are lawful and constitutional.

Battershell said in his decision the merger plan and bond issue approved March 25 by patrons of the two schools districts "do not result in an unequal burden of taxation" on plaintiff Frances Louise "Frankie Lou" Nicholson of Lebanon.

Judge Battershell ordered that the lawsuit be dismissed at the cost of Nicholson.

The board of education of the combined district will meet Monday, for a regular board meeting, to discuss a resolution to issue bonds for the construction of the new junior-senior high school in Bartley. The meeting is scheduled at 7:30 p.m., in the gym in the elementary school in Indianola.

Brent McMurtrey, superintendent of the former Republican Valley school district, said this morning he is pleased the new district can now proceed with the bond sale, bid process and design and construction of the new building.

Mark Norvell, superintendent of the former Twin Valley school district, said this morning, "Our plan now is to start what has been put on hold for the last three months." Norvell said he was pleased the judge agreed that the boards had acted properly and followed state statute.

Nicholson claimed in her lawsuit, filed May 2, that the plan to dissolve the two districts and share equally in the cost of building the new $6.9 million junior-senior high school in Bartley was unconstitutional and illegal. Nicholson's lawsuit also asked for an injunction or restraining order to prevent Ameritas Investment Corp., the bonding company for the two school districts, from issuing bonds for the new school building.

The schools' attorney, Kelley Baker of Lincoln, said Thursday afternoon, "We are pleased to have Judge Battershell confirm that the board acted legally and correctly."

Baker said he and school officials are now conferring with Ameritas and that company's bonding counsel. The bonding company had not issued bonds pending the judge's decision. "We hope to issue bonds after this decision by Judge Battershell," Baker said.

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