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Franklin Circuit Court Stops Auction of Cuba School

(Frankfort KY July 1, 2014) - Fireworks over Cuba Kentucky may be brighter this 4th of July because their school, set to be sold at auction on July 2nd, got a reprieve from Franklin Circuit Judge Philip Shepherd. Under the Circuit Court's order, the sale is cancelled until the merits of the case can be sorted out.

In his decision, Shepherd wrote that the Plaintiffs, Josh Cherry et al, presented a "substantial legal question concerning the scope and application of the state regulations governing school facilities." If the school was sold before a decision on the merits of the case, the Judge said that "it would be virtually impossible for the plaintiffs to obtain a meaningful remedy."

The Order addressed the speed with which the Graves County School Board was moving to sell the school and the eight acres it sits on. The Board values the land and building at $60,000. The Court noted that waiting to sell it might be more in the public's interest than an immediate sale.

Plaintiffs won a temporary injunction on the sale of the school. That is all they won with the injunction. Judge Shepherd stated in his ruling that "The temporary injunction enjoins the sale of the proerty only and and does not inclued any injunctive relief regarding the re-assignment of students, staff or teachers for the 2014-2015 school year."

The Graves County School Board is moving along on those fronts. At a meeting of the Graves County Board last week, the Board heard that bus routes to carry Cuba Elementary students to their new schools were already in place.

Some fireworks may be in order. But it's not over yet.


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