Restraining order stops county school board from OK’ing construction contracts
By JIM BROOKS
Nelson County Gazette / WBRT Radio
Wednesday, Dec. 14, 2022 — The Nelson County Board of Education has been blocked from voting tonight on a number of construction contracts related to its plans to move middle school students to the two high school campuses.
Nelson Circuit Court Judge Chuck Simms granted a request for a temporary restraining order by Don Thrasher.
In his petition, Thrasher alleged that the Nelson County Board of Education was trying to hurry the approval of 18 construction contracts that the two new incoming board members — both of whom campaigned against the proposed middle school changes — could take their seats on the board.
Thrasher also alleged that the board and the local planning committee violated a number of established procedures in getting an increase in bonding capability and changing a renovation part of the plan to new construction.
While Judge Simms said he had “strong reservations” about restraining elected officials from conducting their business, he agreed there were “extraordinary circumstances” that prompted him to agree to the request for a temporary restraining order.
If the contracts are approved, the new school board could be faced with the choice of accepting the choices it does not agree with, or taking action to cancel the contracts, which would involve considerable litigation and cost to the school district in damages.
While Simms granted Thrasher’s request for a temporary restraining order, he also scheduled an injunction hearing for 2 p.m. Monday, Dec. 19, 2022, in circuit court to determine if a Temporary Injunction is appropriate in this case.
Attorneys representing the school district and the school board have 72 hours to file their briefs in response to the request for an injunction ahead of Monday’s hearing.
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