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PADEN CITY -- An emergency court order issued Friday apparently slammed the brakes on a controversial plan to close Paden City High School.
Judge Charles Richard Wilson in Wetzel County Circuit Court on Friday afternoon granted a temporary restraining order that prohibits Wetzel County Schools Superintendent Cassandra Porter from "illegally closing PCHS." The judge indicated that there was no evidence of health and safety conditions at the school that -- otherwise under state code -- could have given Porter authority to take action to close it.
The court also ordered that "all teachers, staff and faculty be reinstated" and directed that any positions that have been vacated because of this "illegal closure" be filled.
Wilson's ruling came just hours after plaintiffs, opponents of the school's closure represented by attorneys Teresa Toriseva and Joshua Miller, filed a petition in circuit court for injunctive relief in the matter earlier in the day on Friday.
Porter last month announced the closure of Paden City High School in light of health and safety concerns of vapor intrusion from subsurface chemicals because of its location atop a Superfund Site. The U.S. Environmental Protection Agency designated Paden City a Superfund Site in March of 2021, but the school has continued to operate at this location ever since then.
The petition for an injunction argued against these concerns and noted that Porter took action to close the high school despite two previous 5-0 votes by the Wetzel County Board of Education against proposals to close the school and move forward with a merger. Plaintiffs asserted that the superintendent's ultimate intention has been to permanently close PCHS, reorganize Wetzel County Schools and create consolidated high schools, although Porter had maintained that the action to close the high school was done strictly for health and safety reasons.
Despite the BOE's previous votes - and in the wake of a public outcry against the measure - the West Virginia Department of Education in a subsequent statement expressed confidence in Porter's authority and reasoning behind the move because West Virginia code permits this action by the superintendent under conditions that are "detrimental to the health, safety or welfare of the pupils."
Porter had noted that the school sits atop a plume of the chemical tetrachloroethylene, also known as PCE, the origins of which reportedly are a former dry cleaning business in Paden City. That chemical forced Paden City residents to refrain from using their tap water for nearly a month in 2023.
The superintendent's plan to address these concerns for the health and safety of students and staff members was to move seventh- and eighth-graders to New Martinsville School and ninth- through 12th-graders to Magnolia High School for the 2024 school year.
However, opponents of the closure noted the Environmental Protection Agency had reported to the school board in May of this year that results of three rounds of vapor intrusion sampling from the building indicated there was no unacceptable risk to students resulting from the Superfund Site.
"Based upon the petition, there appears to be no emergency, the status of Paden City as a Superfund Site has been known for many years, and these conditions are not unforeseen or unanticipated," the judge states in his order.
The judge - in agreement with the plaintiffs - noted the need for immediate action in the situation, as the new school year is fast approaching, and practices for fall sports and band activities should be getting underway for the Wildcats.
"If the illegal and unauthorized closure is permitted to continue, the fundamental rights of the PCHS students to be educated at their local high school will be harmed irreparably," Wilson noted. "Further, if the illegal and unauthorized closure is allowed to continue, the students will be harmed irreparably by being blocked from participating in their chosen sport, marching band or other extra-curricular activity at their local high school in the town where they live."
The judge added that faculty, staff, students and the community of Paden City would be harmed irreparably if the closure would be allowed to continue.
"It appears from the petition, the plaintiffs have a high likelihood of success on the merits at a full hearing," the judge states.
Paden City alumni, students, parents and others gathered Friday night in celebration of the temporary restraining order and took to social media with various posts applauding the court action. Toriseva said a hearing has been set for July 25 in Wetzel County on the matter.
Paden City High School first opened its doors in 1951 serving students in grades nine through 12, with its first graduates turning tassels in 1952. As of this year, Paden City High School housed students in grades seven through 12 with approximately 160 students enrolled.