Lovejoy appeals board decision on construction by M. Jill Karolevitz Mike Lovejoy, rural Wakonda, has filed a document with the First Circuit Court to appeal the "Wakonda Board of Education's decision to award a bid for the construction of new school facilities and the refurbishing of existing facilities," according to the appeal filed received Wednesday, Sept. 26 by the Clay County Clerk of Courts.
According to the document, Lovejoy is appealing the Sept. 19 decision of the school board to authorize the expenditure of approximately $1,255,000 for the construction of new classrooms and refurbishing the existing school building. The appeal is based upon the action the board must take regarding the reorganization plan.
"? on July 9 and July 31, 2001, (Lovejoy) presented signatures to the Wakonda Board of Education wherein the petitioners requested that the Wakonda Board of Education develop a reorganization plan dissolving the school district by attaching to another district or districts ? and that an election be held on the plan to be adopted," according to the appeal. "The plan of dissolution is required to be developed by the board of education within 180 days of acceptance of the petitions."
"There is a provision in the statutes that allows aggrieved persons to appeal a decision of a school board if it affects them," said Tom Frieberg, Beresford, Lovejoy's attorney. "That's what Mike Lovejoy has done. He has appealed the decision to proceed with the building prior to the action taken on the petitions for dissolution."
The appeal "alleges that it was an arbitrary, and capricious act and an abuse of discretion by the the board," Frieberg said.
Wakonda Superintendent Ron Flynn was unavailable for comment prior to the Plain Talks' print deadline.