Injunction denied in effort to stop school demolition

By Tim Yovich

The school board did not abuse its discretion in demolishing a former school building, a magistrate ruled.

WARREN — A Trumbull County Common Pleas Court magistrate has denied an injunction sought by a developer to stop demolition of the former Arlington Elementary School in Newton Falls.

Dan Cadle, chairman of the Cadle Co. of Newton Falls, who sought an order stopping the work, said he will not appeal the Monday ruling of Magistrate Jason C. Earnhart.

Cadle said an appeal would not be worth spending any more money on the issue and that he believes he would not succeed on appeal.

Schools Superintendent David Wilson said hazardous material abatement will continue and demolition will begin in June.

The building was closed March 2007 as students were moved to a main campus with either new or remodeled buildings. An appraisal the board of education had done showed the value of Arlington at $110,000.

Cadle offered to buy the building for $110,000 and then $150,000. The school board wouldn’t sell it.

During a two-day hearing last week, board members testified that they wanted the building demolished and athletic fields on the property to remain, primarily for boys and girls soccer.

Also, of the $164,646 to abate the building of hazardous materials and raze it, the Ohio School Facilities Commission would pay 81 percent with the district share being 19 percent, or $31,200.

Board members also expressed a concern that the building, if sold, might become an eyesore.

In his ruling, Earnhart said Cadle “failed to present any evidence that the board abused its discretion in deciding to demolish Arlington and retain the property for athletic and other future school uses.”

He wrote that “disagreement with a public body’s decision does not rise to the level of an abuse of discretion on part of the board.”

The magistrate pointed out that evidence was presented that Cadle knew in March 2007 that Arlington would no longer be used as a school, but he waited until April 18, the last work day before abatement of Arlington was to begin, to seek the injunction.

Cadle waited too long to initiate the litigation and, in effect, created the emergency, Earnhart said.

The magistrate called attention to the testimony of Ed Buchanan, a former school board member, who testified that the voters will decide if the school board made the right decision to raze Arlington.

Earnhart wrote that voters “will have a chance to voice their approval and/or disapproval of the school board members.”

yovich@vindy.com