Appeals court affirms injunction preventing demolition of South Park

September 18, 2009 12:57 PM

BEAUMONT - The Ninth Court of Appeals has upheld State District Judge Bob Wortham's Temporary Injunction preventing the Beaumont ISD from demolishing the South Park school building.

The court released the opinion at about noon Friday. The decision clears the way for a September 21 trial during which Judge Wortham will decide whether to grant a Permanent Injunction.

(Click here to read the entire Temporary Injunction)

Judge Wortham granted the Temproary Injunction August 3 to the Beaumont Heritage Society.

Darlene Chodzinkski, Executive Director of the Heritage Society, has said the organization isn't demanding the building remain open as a school. She has told us the primary focus is to prevent the district from tearing down the building due to what she called its historic significance. It was built in 1922.

Attorney Michael Getz represents the Heritage Society. He said the district could remodel South Park Middle School more cheaply than it could build a new school based on costs associated with the $389 million bond issue.

Attorney Melody Chappell represents BISD. She said the district, and not a court, is in the best position to determine what's best for students. The district said it's following the wishes of voters in deciding to build a new school at the site.

In his ruling, Judge Wortham said testimony indicated that prior to the 2007 bond election the Beaumont Independent School District pledged not to demolish South Park Middle School if the bond issue passed. According to Wortham's ruling, the staement was intended by Defendants to cause, and did cause, the bond election to carry. In his ruling, Wortham states the Defendants arbitrarily abandoned the promise to voters.


http://www.kfdm.com/news/school-34203-district-park.html