Judge voids sale of School 36 to Elmwood Charter

The sale of the School 36 building in Days Park to Elmwood Village Charter School has been nullified in State Supreme Court  The city is considering an appeal.     

Justice Patrick NeMoyer ruled in early July in favor of Savarino Development which had brought suit against the city and Elmwood Charter to invalidate the sale. The Common Council had authorized on March 16 sale of the building to Elmwood Charter for $540,000. The judge decided the city’s appraisal process and the Council’s use of the appraisal figure were incorrect.     

Assistant Corporation Counsel Timothy Ball, who argued the case for the city, said he expects the city will decide in August whether to appeal

Elmwood Charter wanted to acquire the building to house its lower grades while  adding seventh and eighth grades at its building at 124 Elmwood Ave. where it opened in  2005  It will have and enrollment of nearly 200 in kindergarten through sixth grade in September, and adequate space for the 2010-2011  school year, Board President Elizabeth Evans said.  Additional space will be needed to accommodate the expansion planned in September 2011, she said. “We are pursuing School 36 and other options,” she added.

If the city decides not to appeal the court ruling, it will be up to the Council to decide how to dispose of the property.