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November 22, 2000: The costs are starting to come in. School building argument cost $69K: Board sued county to keep authority over construction By Scott Broden, DNJ Staff writer and County Commission put lawsuit down softly By Bryan Brooks, DNJ Staff writer.
November 16, 2000: It is all over! Tax break for company considered: County leaders will also vote on lawsuit with school board By Bryan Brooks, DNJ Staff writer. They voted 20-0 to not appeal.
October 20, 2000: County School Board wins the appeal
of their lawsuit against the County Commission!
Court of Appeals Opinions - 4th Quarter 2000
"Rutherford Co. Bd. of Ed. vs. Rutherford Co. Comm. - M1999-00288-COA-R3-CVThe web-site's PDF file of the opinion contains a great narrative on the 'turf war'. Need a PDF reader?
This is a declaratory judgment action on undisputed facts. The question for disposition is whether the Public Building Authorities Act of 1971 authorizes the Rutherford County Commission to direct the Rutherford County Public Buildings Authority to hire architects, select a contractor and prepare school building design plans for presentation to the Rutherford County School Board. The trial court held that it is the responsibility of the Rutherford County Board of Education to plan, locate, erect and furnish public schools in Rutherford County and that the Rutherford County Commission was without authority to direct the Rutherford County Public Buildings Authority to act in this respect. We affirm the trial court."
Dateline October 22, 2000: DNJ High court rules in school board suit: Appeals court gives building authority to board By Jim Mahanes, DNJ News editor.
Dateline October 29, 2000: DNJ Decison made on school building, move ahead a DNJ Opinion Column
SECTION 10. That the County School Board shall have the responsibility for the
government, supervision, and control of the public schools of the County, provided,
however that no Board member shall have authority to act independently on any school
matter. The Board shall generally exercise all powers, duties, and privileges as set
forth in the public laws of Tennessee relative to County Boards of Education and
specifically discharge those duties enumerated in Section 49-214 and Section 49-215,
Tennessee Code Annotated, which are not in conflict with the provisions of this Act.
It shall be the duty of the County Board of Education to elect, from nominations or
recommendations made by the Superintendent of Schools, but not otherwise, all principals,
teachers, and other employees of the County School System: and to fix the salaries of
principals, teachers, and other employees of the County School System, within the funds
available or provided by the Quarterly County Court.
It shall be the duty of the Board to plan for the extension and development of the
County School System; to determine the need for new buildings; to plan, locate, erect,
and furnish the same, after the Quarterly County Court shall have provided funds for same.
The Board shall adopt written policies and regulations for the proper functioning of the Board and the School System. It shall have drawn up and made available for general distribution a statement of such policies and regulations.
The Board shall assign to the County Superintendent of Schools such duties as are set forth
in Section 49-224, Tennessee Code Annotated, and any other such duties as can reasonable be
expected of the superintendent.
Fifteen county commissioners had a letter-to-the-editor printed July 4, 1999 in the DNJ, Commission committed to education but the numbers seem to be in question, and a local resident has a web-site questioning their numbers, http://members.home.net/andfowler/budget/ and I think he is still looking for answers?