1/16/2010 9:02:00 AM Ruling will let Verdigre 'move on'
How we got here
2008 — Meetings are held to assess school facilities, including ADA needs of gym. Patrons are asked for solutions. It is estimated that more than $1 million would be needed just to make necessary safety upgrades to bring the high school, which was opened in 1920, up to code. Plans are made for a new facility to connect with grade school. It would have eight classrooms, K-12 library, science classroom and lab, special education room, new entrance with administrative office for security, a teachers’ work room and possibly three small rooms for meetings. August 2008 — Verdigre School Board votes to put the new facility issue before patrons. November 2008 — Verdigre school patrons vote to spend $3.865 million to approve the plan. December 2008 and January 2009 — Rural patrons raise concerns about declining enrollment totals. Concerns also are raised about anticipated reductions in state aid, and the amount of interest that will increase the amount the district pay to almost $8 million over 20 years. January 2009 — Twenty-seven Knox County residents file a lawsuit. They sue the Verdigre school board, its president and the district, asking a court to throw out the bond issue outcome. Among other things, they allege the bond issue was put forth after school officials met in secret to put the issue on the ballot the previous August. March 2009 — A district court judge throws out the lawsuit. April 2009 — The landowners appeal the judge’s decision. November 2009 — All six school board members, Paul Drobny, Peggy Liska, Mara Breithaupt, Melissa McCormick, Marty Konopasek and Duane R. Liska, survive a recall attempt. Also in November, the Nebraska Supreme Court hears the appeal from the landowners and takes the case under advisement. January 2010 — Nebraska Supreme Court sides with the school district.
Let the construction begin — and let the healing take place, too.
Those were the prevalent comments Friday among those reacting to the Nebraska Supreme Court’s decision on a lawsuit involving the Verdigre Public Schools.
“After a year’s worth of litigation, we now need peace in that community. I hope that’s the outcome,” said John Recknor of Lincoln, who represented the school district.
“I feel we’re ready to move on,” added Chuck Kucera, Verdigre High principal.
In its ruling, the high court upheld the dismissal of a lawsuit pertaining to a $3.8 million school bond, clearing the way for a new school to be built in Verdigre.
A group of 27 Knox County residents had filed the suit that argued the Verdigre Public Schools board repeatedly violated open meetings laws in early 2008 before pushing for the school bond, which was approved by voters 316-284 in November 2008.
The plaintiffs alleged the board posted a notice that it would hold a meeting in March 2008 for school board members only, and that there were at least six secret meetings that included five or more of the board members between April and August 2008 without a public notice, an agenda or public participation.
The Knox County residents sued in early 2009, saying that because there were open meetings violations, that should invalidate the November vote. School officials have denied that secret meetings were held.
The Knox County landowners’ suit first was dismissed at the district court level, but that ruling was appealed to the Nebraska Supreme Court. On Friday, in a unanimous decision, the justices sided with school officials.
Recknor argued on behalf of the school district that the group's complaint was moot, because the validity of an election cannot be challenged or remedied under Nebraska's open meeting laws. The high court agreed, saying that if the landowners had wanted to challenge the election, it would have had to prove voter fraud or infringement of a voter's civil rights at the polls.
Had the group wanted to argue that school board meetings were held illegally, it could have done so under the state's open meeting laws before the bond election in November 2008, the high court said.
Thomas Delay of Norfolk, who represented the plaintiffs, said he hopes the lawsuit, now that it has been decided, will not stand in the way of community members working together for the good of students and their education.
“I really hope they can work together,” he said.
Recknor said he was gratified that the supreme court clarified when the open meetings law can or can’t be used to impact elections. The ruling, he said, “sort of reiterates that you can’t sit on your hands for months and then be spurred into action.”
Recknor said school board members — who also successfully overcame a recall election over this issue — were happy and relieved when told of the court ruling.
“I’m really, really pleased for them,” he said.
Kucera said school officials will be meeting with its bonding company and attorney to “pick up where we left off” in terms of the planned new school construction.
“We’ve lost an entire building season,” he said, making it unclear as to whether plans may have to be altered somewhat because of changes in costs.
School officials have said the district is in dire need of a new school to replace the outdated one built in the early 1900s. Among the problems is that one school entrance has been blocked off because chunks of concrete have fallen from the building's exterior onto the sidewalk.
Kucera said he may be overly optimistic, but he already has seen signs of Verdigre residents on both sides of the issue coming together and working positively on projects.
