WESTFIELD – As news of a ruling in the city’s favor spread regarding the Ashley Street elementary school project, a meeting has already been scheduled for next week to look at next steps. 
The ruling was regarding the appeal of an order lifting a temporary injunction filed in 2012 by some residents of Ashley and Cross streets, who opposed using a portion of the Cross Street playground for the school.
According to an article in The Westfield News in November 2012, “Hampden Superior Court Judge Tina Page issued the temporary restraining order in early September after a motion, filed by several residents of Ashley and Cross streets, who contended that the city is violating state and federal law by using part of the Cross Street playground for the $36 million school project. The residents filed the suit earlier this year, charging that the city is violating Article 97 of the Massachusetts General Law which sets preservation protection for open-space land.”
The injunction was overturned by Judge Daniel A. Ford that same year, who said the property did not fall under Article 97, a decision that was appealed by the residents opposed to the project. An article in The Westfield News from October 15, 2014 detailed the court vacating the injunction.
Yesterday, the Massachusetts Appeals Court said Judge Ford was right, according to Mayor Brian P. Sullivan.
“The appeals court affirmed the ruling of the lower court, saying yes, the lower court got it right, and the appeal is denied,” Sullivan said. “The city is now in good standing in regards to building the school,” he added.
Sullivan said that one of the reasons for the meeting next week is to make sure they have the proper direction to move forward. He said he has met with the Massachusetts School Building Association (MSBA) since taking office to make sure the financial agreement they promised four years ago to build the school is still intact. He said the city will also reconvene the School Building Committee as part of the process.
“We’ve been waiting for this decision to come,” said WPS Superintendent Stefan Czaporowski. “We want to build this state of the art facility, and bring our students back from Russell.”
STEFAN CZAPOROWSKI
Czaporowski said he will be at the meeting with the mayor next week to look at how to move forward, and to process what just happened.
WPS Business Manager Ron Rix said now the city will have to rebid the project.
“The whole bid specs will have to be rewritten. All the contracts are extinguished. We’re looking at starting from scratch in regard to the building bidding and process,” Rix said.
Rix said $36 million is budgeted for the whole design and construction process. He estimates that once the ground is broken, it will take 18 months to build a facility.”
Czaporowski also said that now that the elementary project is moving forward, MSBA can consider approving upgrades to both high schools in the city, both of which are in need of new science labs.
“We apply every year. The elementary school holdup has been holding up progress elsewhere,” Czaporowski said.
“That’s down the road,” Sullivan said, regarding the high school building project. He said the city made the decision four years ago that the elementary school is the Priority 1 project for the school department. With this ruling, the high school and voc-tech science wings have moved up in the priority queue.
“That will be Priority 1A. We need it dearly,” Sullivan said.
