Superior Court officials may schedule the Burke County schools' lawsuit against the county to be heard as soon as Aug. 17.
The next Superior Court criminal session begins that day. The fact it is a criminal session rather than a civil session doesn't matter, said Virginia Robinson, trial court coordinator for Burke and Caldwell counties. State statutes say the case should be set for the next term of Superior Court and must take precedence over any other business of the court.
The next Superior Court civil session is scheduled for Aug. 24, said Mabel Lowman, Burke County clerk of courts.
Superior Court Judge Robert Ervin is the designated judge for the case, Robinson said.
The Burke County Board of Education on Wednesday filed a lawsuit against the Burke County Board of Commissioners over funding for the schools. The lawsuit didn't specify the amount the schools want. The lawsuit asks the court to determine the amount and to order the county commissioners to pay it.
The lawsuit contends the county commissioners have failed and continue to refuse to comply with a Superior Court judge's 2005 order that the commissioners set a minimum level of school funding.
It also says the money the county appropriated for the schools in the 2009-10 fiscal budget is not sufficient to operate the school system.
Lawyers for the school board also filed a companion motion asking the court for a change of venue to another county. As an alternative to moving the trial, the lawyers suggested summoning a jury from another county.
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School, county case awaits place on Superior Court docket
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Morganton News Herald
Published: August 06, 2009
Published: August 06, 2009
Morganton, NC --
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