RTR lawsuit court hearing rescheduled for Feb. 22

TYLER — A Lyon County District Court hearing involving a lawsuit filed against the Russell-Tyler-Ruthton School District’s $35 million building bond referendum that was originally scheduled for today has been rescheduled until 10 a.m. on Feb. 22, according to court documents.

An article in Tuesday’s edition of the Independent quoted RTR Superintendent Dave Marlette saying the lawsuit was dropped. On Tuesday, Marlette clarified that the plaintiffs voluntarily dismissed their motion for a temporary injunction on the RTR building referendum election. While the plaintiff’s motion to stop the special election slated for Feb. 12 was withdrawn, the part of the lawsuit that has to do with the 2006 consolidation agreement has not been dismissed. According to the four plaintiffs who filed the suit, the district is potentially violating the consolidation agreement by giving the school board authorization to close any of the three school facilities.

Attorneys for the RTR School District said they would not withdraw a motion for a surety bond while there was court action still pending, according to court documents.

“The lawsuit concerns two things,” Marlette said. “They dropped the injunction to stop having the election, but the suit has more to do with the 2006 consolidation agreement. The lawsuit on the consolidation has yet to be decided.”

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