Court orders schools transferred from Kansas City to Independence
The Independence Examiner reports that a Missouri state court has ruled that seven buildings in western Independence and Sugar Creek belong to Independence School District (ISD) ISD and no longer to the Kansas City Missouri School District (KCMSD) or to the Kansas City Missouri School District Building Corporation (KCMSDBC). The suit was brought against both school districts by KCMSDBC. The judge ordered KCMSD and KCMSDBC to transfer full possession and title of all property subject to the boundary change to ISD within two weeks. His ruling concluded that: (1) KCMSDBC did not have legal standing because it is “simply a placeholder allowing KCMSD to finance bonds;” (2) ownership of the buildings transferred to ISD when voters approved the transfer in November 2007; (3) even if title did not legally pass at that time, a subsequent Board of Arbitration decision requiring transfer of the titles to Independence is binding, so that KCMSDBC can’t sue; (4) the arbitration board did not, as claimed by KCMSDBC, set a value of $0 for some of the buildings; and (5) a permanent injunction against KCMSD and KCMSDBC is appropriate because ISD “will suffer immediate and irreparable harm” if such an injunction is not issued and that “there is risk that KCMSD will change its mind.” The court accepted ISD’s argument to the arbitration board that ISD patrons would be paying twice for those buildings if ISD were ordered to compensate KCMSD for them now.
In a statement, KCMSD officials said, “the Kansas City School District will continue to proactively cooperate and honor the ruling issued by a state arbitration board regarding the Independence boundary change.” The statement pointed out that, “like the Independence School District, the Kansas City, Mo., School District was a defendant in the litigation brought by the non-profit School District of Kansas City, Mo., Building Corp. Today’s decision brings clarity to the ownership debate and allows all parties to move forward in a cooperative and respectful manner.” ISD Superintendent Jim Hinson also expressed the hope that, with the court’s decision, both districts could get on the business of educating children.
Source: Independence Examiner, 7/23/08, By Kelly Evenson
[Editor’s Note: For background, see below.]
NSBA School Law pages on voter approval of split