Appeals court sends Rock Hill superintendent case back to county

Published 12:00 am Friday, October 14, 2005

A dispute between the Rock Hill School Board and former Superintendent Lloyd Evans will have to be settled locally - at least initially.

Lawrence County Common Pleas Court Judge Richard Walton thought his part in the long-running battle was over. However, Ohio's Fourth District Court of Appeals dismissed an appeal by the school board and sent the case back to Walton because some issues in the matter were not ruled on locally.

"I will get the attorneys together and see what it is they want to do and get an agreement," Walton said. "We will get together and see what we need to do to resolve the questions."

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The complicated battle that has roots going back many years heated up in February 2004 when the school board opted to non-renew Evans' contract, despite the fact that a few months prior a lame-duck board had given Evans a 5-year extension.

Evans successfully sued the district in Lawrence County Common Pleas Court and was returned to his job in November when Walton ruled the contract was valid but declined to rule on several other issues that include open meeting violations. Evans' return was short since the school board then filed an appeal and Walton issued a stay on his order that Evans could return to work.

"It went through the court here and we got a ruling," Evans said. "As far as I was concerned, it was over but the board decided to appeal."

On Aug. 18, both sides were given 15 minutes to present their arguments to a three-judge panel at the court of appeals in Chillicothe. On Sept. 27, the appeals court issued a ruling dismissing the appeal and sending it back to the lower court.

"We only have jurisdiction over final judgments. This can be a very convoluted process," said Aaron McHenry, administrator for the fourth district. "The trial court hadn't ruled on all the issues."

After the final judgment in Lawrence County, the school board could opt to appeal the decision again, McHenry said.

Current board president Lavetta Sites said she was aware of the ruling but deferred comment to the board's attorney. Sites and other board members have always maintained they acted properly and in the district's best interest.

Peter A. Lusenhop of Vorys, Sater, Seymour and Pease of Columbus and was hired to represent the board, declined to comment on the case because it involves pending litigation.

For Evans' part, he said this is just another step in regaining his position.

"The court has already ruled that I had a valid, enforceable contract and eligible to go back to work," Evans said. "As far as I am concerned, this should be over. This has gone on long enough."