District 17 wants ruling tossed

Board applies to have restraining order overturned; attorney responds

By MARY DOLAN
Item Staff Writer

On Wednesday, Sumter School District 17 filed an application for supersedeas, seeking to overturn at-large Judge Clifton Newman's ruling for a temporary restraining order and a trial to determine whether the district should continue construction of its controversial new administration building, citing a potential loss of contract with the building contractor.

On Thursday, attorney Ken Young fired back a response: a motion to dismiss the application.

Recently, Newman set a court date of June 9 for the district to appear before him to justify construction of the planned $3.5 million facility at the corner of Bultman Drive and Kilgo Street.

The application for supersedeas states that there are at least "two third parties who were not parties to the litigation that have contracts with the board that are affected by the court's order," referring to the general contractor, Penn Contracting, and the architect, John Jackson. It also makes note that various subcontractors are affected as well.

District 17 Superintendent Dr. Zona Jefferson filed an affidavit to accompany the application, providing dollar amounts for how much the district is potentially losing as a result of halted construction. Jefferson noted that the district is losing "at least $470 per day in labor and related vehicle expenses." She went on to say that the contractor has reported an increased cost for "metal studs and related items" by as much as $31,500 since the time of the injunction.

Jefferson stated that the district is "in imminent danger" that the contractor may decide to terminate the contract.

Young filed a motion to dismiss the district's application for supersedeas, stating the district improperly applied for the application "in accordance with ... South Carolina Appellate Court Rules."

Young and his clients C.O. "Buddy" Gulledge, Joe Summerour, Tommy Dabbs, Chuck Gibbs and Jim Giffin appeared in court with District 17 board members and officials April 3 at Newman's request to determine if a restraining order was necessary and whether the matter warranted a trial.

Young had asked Newman to issue a restraining order on District 17's building project after the district's board ignored a petition issued by his clients asking it to reconsider its decision to build. Newman would not issue the restraining order outright but issued an order for district officials to appear before him to show cause for the building's necessity.

After about two hours of presentations by both sides, Newman decided there was sufficient reason for a trial and said he would work to fast-track the matter within the court system. He recently issued the June 9 court date.

Contact Staff Writer Mary Dolan at mdolan@theitem.com or (803) 774-1294.