New judge will hear sick-school lawsuit

A common pleas court judge said an attorney accused him of improprieties.

WARREN — A five-year-old lawsuit filed against the Girard school district and five businesses associated with the construction of Girard Intermediate School will be assigned to a new judge.

Judge Peter Kontos of Trumbull County Common Pleas Court has ordered that the case be referred to Administrative Judge Andrew Logan for reassignment to another judge.

In an entry, Judge Kontos said the reason is that the lead attorney for the plaintiffs, Edward H. Heben of Cleveland, has “accused this court of a number of improprieties” that “go to the heart of this court’s integrity and ability to fairly administer justice.”

Judge Kontos continued, “This personal affront has now made it difficult, though not impossible, to try the ... case.” Judge Kontos wrote that he will also refrain from hearing any other cases involving Heben.

Heben could not be reached Monday to comment.

The lawsuit, which represents 13 children, 14 parents and four teachers, contended that the children and teachers had developed “sick building syndrome” as a result of alleged refusal by the school administration to acknowledge hasty and negligent construction of the building.

The new school opened in the fall for the start of the 2000-01 school year but was closed May 1, 2001, after parents complained their children were becoming ill. Work was done to correct suspected problems, and the building reopened in fall 2001.

Judge Kontos ruled April 6, 2006, in favor of the school district, dismissing the lawsuit. But in April 2007, 11th District Court of Appeals said Judge Kontos erred in dismissing the case and ordered it sent back to him.