Dennis-Yarmouth Regional High School.
YARMOUTH – The Town of Yarmouth is appealing the dismissal of its lawsuit against Dennis and the Dennis-Yarmouth Regional School District over the process used to approve a new regional middle school.
The district put the school to a region-wide vote bypassing town meetings. The school passed by just 25 votes, with a majority of Yarmouth voters rejecting the school.
The lawsuit has prevented the district from finalizing an agreement with the Massachusetts School Building Authority to secure $44 million in funding for the $117 million facility.
A Barnstable Superior Court judge dismissed the lawsuit last month.
An attorney for the town filed the notice of appeal last week following a majority vote of the board of selectmen.
Selectman Mark Forest was one of two on the board who opposed filing the appeal.
“There were different points of view and perspectives on this and I understand that and respect it, but I think this is the wrong way to go,” Forest said.
“I think we have yet to fully understand and comprehend the consequences of this.”
Officials in Yarmouth said they would drop the lawsuit if a new regional agreement is approved by both towns.
A proposed agreement from the school committee was approved by Yarmouth at town meeting, but rejected by Dennis residents.
The proposed new regional school agreement would have lessened the burden for Yarmouth and increased costs for Dennis.
The proposal would have Dennis cover 35 percent of the costs of the proposed new regional middle school and gradually increase the town’s share of operating costs over the next five years to a fixed 65-35 split.
“We needed to continue this dialogue between the towns and the school committee to find some way to reach a consensus to resolve this,” Forest said.
Forest said it was important for the town to use every minute of every day to find some way to reach an agreement and resolve the impasse.
Selectman Tracy Post, agreed with Forest and voted to not file the appeal.
“At first I was willing to take the risk knowing that the reimbursement money was there,” Post said. “I feel we need to move forward.”
Post said it was the school committee who put the town in this position and not the board of selectmen.
“We did the best we could in my opinion to try to protect the taxpayers, but at some point in time [we need to move on] for the district and our relationship, whatever that might be, with Dennis,” Post said.
The appeal will make it unlikely for the school district to secure over $44 million in state funding for the $117 million proposed new middle school.
A letter of commitment with the Massachusetts School Building Authority must be signed by July 30 to receive the state reimbursement. That letter cannot be signed if there is any pending litigation against the project.
The regional school district has already had the deadline for that agreement extended twice.
“My fear really is that with this appeal, the years that we’ve had of heartache with our partner (Dennis) will continue into the future,” she said. “I feel that the agreement is unfair and unfortunately I believe that based on this appeal we will be stuck with that unfair agreement for a very long time.”
Post said she was disappointed that there never really was a public forum in town on the issue.
Selectman Norm Holcomb said he was torn with the decision made by the board to file the appeal.
“I think to constantly be in a battle with Dennis is not the way I’d like to see things go,” he said.
Holcomb said he disagrees with people who feel the board’s actions are anti-school or anti-education, and that it is a disservice to the community and the board.
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