Judge refuses to block allocation of $14.4 million school building funds

Judge refuses to block allocation of $14.4 million school building funds

05-18-99
By BRIAN FARKAS
Associated Press Writer
CHARLESTON, W.Va. (AP) -- A Mason County man has lost an initial round to keep $14.4 million in state school construction funds in his county.
Don Greene was in court Monday attempting to delay a state School Building Authority decision that reallocated the money to projects in 11 other counties. The authority had voted hours earlier to fund the projects.
The Leon resident's lawyer told Kanawha County Circuit Judge Paul Zakaib Jr. the reallocation should be halted until next month's court hearing on Greene's lawsuit challenging the county's decision to return the money to the state.
Mason County was given the money in 1996 to replace Point Pleasant, Wahama and Hannan high schools with a single school. Since then, a new school board decided against the consolidation project and in March agreed to give the money back to the state.
That decision came after the state said it would take back the $14.4 million because county officials had failed to start construction within the three-year period required by law.
"You're asking a board of education to do something the board has said it doesn't want to," Zakaib told Greene. "The board of education has already taken a position -- they don't want the money."
The judge then denied Greene's request.
Although the county gave up the money, Greene has filed lawsuits in Kanawha and Mason counties to force board members to stick to the original consolidation plan.
Even with the pending lawsuits, the authority was told Monday it should proceed with its plan to fund the other projects. Authority members had planned to reallocate the money earlier, but agreed to delay their decision to give Greene time to pursue his challenge.
"The threat of legal action shouldn't be used to intimidate state boards," Silas Taylor, managing deputy attorney general, told the authority. "You gave him the opportunity he needed and he failed to take advantage of it."
The authority agreed to use the $14.4 million, plus $500,000 in other authority accounts to fund projects in Barbour, Berkeley, Braxton, Grant, Greenbrier, Monongalia, Pleasants, Raleigh, Roane, Webster and Wyoming counties, said Clacy Williams, the authority's executive director.