JOLIET — A resident group suing Lincoln-Way High School District 210 was not able to have district officials and others testify in court Thursday as part of its effort to keep North High School open.
Lincoln-Way Area Taxpayers Unite attorney Stephen Eberhardt sent subpoenas this month to district officials, a state education representative and one of the group's own members requesting they appear in court to give testimony in the effort to save North.
Previously, Eberhardt wanted Will County Judge Roger Rickmon to grant a temporary restraining order to prevent North’s closure and use Thursday for testimony on a preliminary injunction – or temporary court order – that also sought to keep the high school from closing.
However, Rickmon rejected the temporary restraining order March 30 and on Wednesday he granted District 210's attorneys' motion to reject the subpoenas.
Before Wednesday’s hearing, LWATU sent a news release Tuesday stating the district was “dodging its responsibility to communicate with the people it serves” by wanting a rejection of the subpoenas.
“The taxpayers simply want the administrators — who work for the people of the district — to explain under oath what information they were using when abruptly deciding to close eight-year-old [North], fracturing the community,” the news release stated.
District 210 attorneys argued there was good cause to reject the subpoenas and prevent their “abusive and inappropriate” issuance by LWATU since a preliminary injunction was not scheduled and the conditions for it have not been met.
Since December, LWATU has been suing the district to keep the high school open after the school board decided in August to have it closed this fall to resolve a financial crisis. LWATU has argued operating all four schools is possible.
The case between LWATU and District 210 is slated to move ahead to May 20 for a hearing on the district's attorneys’ motion to dismiss LWATU’s second amended complaint, which largely argues the board’s decision to close North was done to prevent state intervention that would have discovered financial wrongdoing.
So far, Rickmon has dismissed LWATU's initial complaint, although he allowed two counts to be dismissed without prejudice, which allowed for an amended complaint.
When Rickmon denied the group’s motion for a temporary restraining order March 30, he said they did not establish they had a right to keep North open or that they would be harmed by its closing and they also did not show a reasonable likelihood of success on their legal claims.