Judge Grants Injunction to Halt Auction of Cuba Elementary School

Jul 1, 2014

Credit Paul Schaumburg

Franklin Circuit Judge Phillip Shepherd is granting the group of disgruntled residents suing the Graves Board of Education a temporary injunction effectively halting the sale of Cuba Elementary School. 

Judge Shepherd issued this morning’s injunction saying that going forward with the sale would disrupt the status quo needed for the plaintiffs to present their case. 

The board had set the auction for June 18th, then moved it to July 2nd pending Shepherd's decision. The plaintiffs, led by county resident Josh Cherry, sued the district in April alleging the board followed improper procedures to amend its District Facilities Plan prior to closing the school.

The board says its actions were by the book.

Richard Jackson, one of the plaintiffs against the board, says the judge's decision means the group won't have to fight against the clock before the sale goes through. 

"Personally, I think today is a very good win," said Jackson. "In our hearing last Friday, we only got to present a small amount of our case. We do actually have a large case that we've built up since all this started and when I look at the overall situation...I can see that the decision was very helpful." 

They voted last December to close the school, citing lack of maintenance funds and low enrollment, which never exceeded 200 students in the last seven years.

Graves County Spokesperson Paul Schaumburg says the auction will not go through tomorrow and will be re-scheduled at a time consistent with further orders of the court. He says he injunction doesn’t affect staff, teacher, and student re-assignment.  

The 155 students previously at Cuba will start the school year this fall at either Wingo or Sedalia schools.