Judge says School Board can sell Historic Libby High School
Denies Gary Huntsberger's petition to stop sale
June 14, 2007
Judge Michael Prezeau has found in the Libby school board's favor against an action brought by Gary Huntsberger to stop the sale of the Historic Libby High School.
The judge denied Huntsberger's petition and authorized "the school board to sell the nearly century old downtown landmark in any reasonable manner that the trustees determine to be in the best interests of the school district."
Prezeau concluded the Lincoln Building, known as the Historic Libby High School, is abandoned, obsolete, undesirable and unsuitable for school purposes, and the school board has not failed to perform its duties in accordance with the Montana Code Annotated.
The judge said the school board's action in passing the resolution to sell the Lincoln Building property did not violate any fiduciary duties to the taxpayers and citizens of Lincoln County or the State of Montana.
Further, the judge found that there is no legal requirement for the details of the proposed sale and an accounting of the sale proceeds to be established before passing a resolution to sell the property, and there is no requirement for the school board to obtain an appraisal or a survey of the property before passing a resolution to sell the property.
Additionally, Prezeau found the school board did not violate the Montana open meeting laws, nor did it abuse its discretion in passing the resolution to sell the property.
The judge said that a ballot issue in May 2005 "showed overwhelming community support for selling the Lincoln Building property."
"Although the details of any future sale are not an issue for the Court to decide, said Prezeau, the Court does not find that $150,000 is an unreasonable price, particularly if that price does not obligate the school district to incur the expense of razing the building or dealing with the asbestos abatement problem and it allows for the preservation of a building which a majority of the school board regards as having historical significance."
Story by KLCB 1230 AM Libby News Radio, www.todaysbestcountryonline.com
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