A court date has been set for the first argument related to the lawsuit Dickenson County School Board filed against county supervisors and the county industrial development authority over location of a new elementary school.
Dickenson County Circuit Court Judge Brian Patton will hear arguments Sept. 11 on a demurrer attorneys filed on behalf of Dickenson County supervisors and the IDA. The hearing is set to begin at 1 p.m.
The two claim the school board "has failed to state claims upon which relief can be granted" and asks the court to dismiss the school board's complaint.
When arguments might proceed on the particulars of the lawsuit hinges on how Patton rules Sept. 11.
The school board claims supervisors and the IDA are unconstitutionally blocking access to school construction funds because they don't agree with where the school board wants to build a new elementary school.
Supervisors and the IDA argue that neither one can be compelled by the school board to fund a new elementary school if they disagree with the location and the court has no authority to make them do so.