No Decision Made Thursday in Paden City High School Hearing; Ruling Coming by Aug. 1
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NEW MARTINSVILLE -- Following a preliminary hearing that stretched to nearly seven hours, no decision was made on the future of Paden City High School on Thursday night.
Wetzel County Circuit Judge Richard Wilson said that he will review the information provided in Thursday's hearing and make a decision no later than midnight Aug. 1. Until then, PCHS will remain open thanks to a temporary restraining order Wilson issued July 12, reversing a decision by Wetzel County Superintendent Cassie Porter to close the school for safety reasons.
Porter announced in June that PCHS would close temporarily due to the fact the school sits on a U.S. Environmental Protection Agency Superfund site directly above a plume of the chemical tetrachloroethylene, also known as PCE.
Last year, Paden City residents were unable to drink or wash with city water after an air stripper malfunctioned at the city's water treatment plant, allowing dangerous levels of PCE to infiltrate the water system.
PCE has long been an issue in the city, its source likely a former dry cleaning business.
Porter's announcement was met with significant pushback from Paden City community members. Then, on July 12, attorney Teresa Toriseva filed a petition for injunctive relief on behalf of Paden City residents. The plaintiffs claimed Porter's ultimate intention has been to permanently close the school, reorganize the school district and create consolidated high schools, although Porter had maintained her decision was made strictly for health and safety reasons.
Attorneys for both sides Thursday -- Teresa Toriseva and Joshua Miller for the plaintiffs and Ken Webb of Charleston firm Bowles Rice for the defense -- offered expert witnesses on PCE.
The defendant's expert witness, Philip Simon, said the levels of PCE were high enough to justify closing the school. That opinion was backed up by another defense witness, West Virginia Department of Education Facilities Director Micah Whitlock, who said he agreed with Porter's decision to close the school.
The defense also introduced evidence that, after testing every classroom at PCHS, levels of benzine above EPA standards were found. Benzine is a chemical that has been found in fuel.
The plaintiffs' expert witness, Doug Snider, countered Porter's argument. He said that the levels of the chemical around the school did not rise to meet the level necessary for Porter to close the school under health and safety provisions, so closing the school was not justified.
Porter testified for the defense, while plaintiff witnesses included a PCHS student and two parents, who spoke to the harm students would face if the school was closed, and Paden City Public Works Director Josh Billiter.
Thursday's hearing began at 4 p.m. and finally wrapped up around 10:45 p.m. in a packed Wetzel County courtroom. Dozens of people also gathered outside the Wetzel County Courthouse on Thursday evening.