In response to community concerns, respondent established an advisory committee with participation from community members to develop a permanent consolidation plan. One of the proposals called for the construction of a new elementary school for all kindergarten through grade three students. Over the next eighteen months, the construction plans were developed and discussed at respondent board's meetings. This appeal ensued. Petitioner's request for interim relief pending a determination on the merits was denied on February 29, 1996.
Petitioner alleges that respondent's adoption of the bond resolution was arbitrary and capricious.
Petitioner seeks an order overturning the bond resolution, legislation requiring voter approval of such projects and the removal of the board of education. Respondent contends that its actions approving the bond resolution were not arbitrary and capricious and were in all respects proper. Respondent contends that the petition fails to state a clear and concise statement of petitioner's claim, that the allegations do not state any grounds for granting the relief sought, that voter approval of bond issues not in excess of ten years is not required under Education Law ' 2512 and that the Commissioner of Education lacks jurisdiction over Freedom of Information Law and Open Meetings Law claims. Finally, respondent contends that the conduct alleged by petitioner does not warrant removal of the board and requests a certificate of good faith. The appeal must be dismissed on the merits.