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Fayette officials to sue state authority over consolidation plan

FAYETTEVILLE, W.Va. — In a special meeting Monday, the Fayette County Commission unanimously voted to retain Mountain State Justice law firm to take legal action against the West Virginia School Building Authority after its Sept. 28 decision to reject Fayette County Schools’ consolidation plan.

Fayette Prosecutor and County Attorney Larry Harrah said Mountain Justice has agreed to accept the case for only the cost of expenses. The commission agreed both to pledge $5,000 to cover expenses and enter as a plaintiff in the case.

 Harrah said many other groups and parents are expected to join, but he does not know yet if the firm will seek class action certification.

Harrah and the commission maintains the School Building Authority acted in violation of the Open Meetings Act by discussing and taking action outside the purview of its posted consent agenda.

Moreover, Commission President Denise Scalph said the SBA boardroom does not lend itself to an open meeting, with too few chairs around the conference table for even the 11-member board and just a handful of seats for the public.

“Two individuals on the SBA have hijacked the system…


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