WEST LAFAYETTE, Ind. (WLFI)- The state of Indiana wants a judge to dismiss the lawsuit filed against it by the West Lafayette Community School Corporation.
As we previously reported the school corporation is challenging the constitutionality of a law that allows a charter school to lease vacant public school buildings for a dollar or lease it at the lowest cost possible without any due process.
According to court documents, the state argues that the school corporation hasn't been affected by the statute and won't be in the near future.
The attorney for the school corporation says they feel the law is an illegal taking of property.
“We paid for this out of property taxes this money did not come from the state,” said Bob Reiling the attorney for WLCSC. “Local property owners paid for, therefore we need to be reimbursed on the fair market value for what the property is worth if someone wants to buy it."
As of now Happy Hollow elementary is being leased by the city of West Lafayette for 750-thousand dollars a year. A hearing on the motion to dismiss the case is set for November 25th in Tippecanoe Circuit Court.
Reiling says he believes this case will eventually go to the Indiana Supreme Court.
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