Filers have no standing, judge says

The lawsuit was initiated after prisoners were used to demolish a school building.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A long-standing labor dispute over the demolition of Niles Edison Junior High School is winding down.
The taxpayers lawsuit was filed in February 2004 against the Niles Board of Education, school district officials and others by Thomas Dodrill and Ricky Rounds Jr., both of Niles.
They are also members of Laborers International Union of North America Locals 935 in Warren and 125 in Youngstown.
Judge Peter J. Kontos of Trumbull County Common Pleas Court said in a judgment entry that he will rule on the final portion of the dispute after motions are filed in two weeks. But he has decided the two men have no standing in the case.
The lawsuit contends that the district's contract was illegal with Ohio Penal Industries, a state-affiliated business that removed asbestos from the school before it was demolished.
OPI used prisoners to work at the site. It had a $515,407 contract with the school board to do the work that began in December 2004 and was completed seven months later.
The $515,407 was placed in an escrow fund, and Dodrill and Rounds sought to stop the payment to OPI and recoup any money that has been paid to the company.
The ruling
Judge Kontos ruled that Dodrill and Rounds don't have standing in the case because of the type of contract between OPI and the school board -- the funding comes from the state and school district.
The Niles law director, county prosecutor and Ohio attorney general's office had declined to file the lawsuit on the two men's behalf.
The school board had advertised for bids to raze the old school as part of the construction of the new middle school.
The project was funded through a local bond issue and the Ohio School Facilities Commission.
The board rejected 11 bids in July 2003 to demolish the building, including asbestos removal. The board then awarded the contract to OPI with the concurrence of the project architect and state commission.