Hoping to head off an expensive delay of the Duluth school district's red plan, the Duluth School Board voted 6-1 Tuesday night to try to inject its say into a lawsuit that could slow the $293 million project.
The school district is not named in the lawsuit, which a group called Petitioners for the Protection of Water and Wildlife brought against the city of Duluth late last month.
The petitioners group is challenging the Duluth Planning Commission's April decision not to require an Environmental Assessment Worksheet for the long-range facilities project. The group charges the decision violates the Minnesota Environmental Policy Act, and a member of the group has said its members are worried the red plan's environmental and socioeconomic impacts have not been studied.
The resolution passed Tuesday night will essentially allow attorneys hired by the district to explain the district's position to the court.
"That allows us to become involved in the case and become active participants in our own defense," said Bill Hanson, the district's business director.
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Hanson said the district wants involvement in the lawsuit so it can prevent the red plan from being slowed down. School Board Chairwoman Nancy Nilsen said every day the red plan is delayed adds $50,000 to its tab because of inflation and rising construction costs.
Hanson said the court must decide whether the district can become a party in the lawsuit. The district and the petitioners group each will be able to argue for or against allowing the school district into the lawsuit in front of the judge.
The resolution authorizes the district to "take appropriate action" in the lawsuit to "protect the district's financial interests and the continued implementation of the approved long-range facilities plan." Hanson said he didn't know yet what would constitute "appropriate action."
On Tuesday night, Hanson and a lawyer for the district could not provide a cost estimate for the work, should the district be allowed to become a party in the lawsuit.
School Board member Gary Glass, a vocal critic of the red plan, was the lone dissenter Tuesday night. His wife, Fayth Glass, had requested the Duluth Planning Commission to order an Environmental Assessment Worksheet for the red plan.
Will Ashenmacher is a general assignment reporter with the News Tribune. He can be reached on weeknights at (218) 723-5218 or at washenmacher@duluthnews.com .
