A Wayne County judge charged with settling a dispute between charter school Detroit Prep and the main Detroit district on Friday issued a stay and demanded that Superintendent Nikolai Vitti or one of his top deputies, along with a school board member, appear in court next month to discuss the case.
“Let’s get somebody, a board member, the superintendent – that would be my preference – or the deputy superintendent would be acceptable with the superintendent available by phone,” Judge David J. Allen said. “I’m sure he’s a busy man.”
Allen agreed on Friday to postpone making a decision over the disputed former Joyce Elementary School until next month. By then, Gov. Rick Snyder is likely to have signed legislation that could help the charter school, Detroit Prep, in its quest to buy the former Joyce school.
“I would bet my house that the governor will sign it,” said Detroit Public Schools Community District attorney, Jenice M. Mitchell Ford.
Detroit Prep has been trying to buy and renovate the former school building on Detroit’s east side but has been blocked by the district’s refusal to waive a deed restriction on the property. The building is owned by a private developer but a deed restriction requires the district to sign off on all uses of the buildings other than residential. Detroit Prep filed suit against the district in October.
The legislation, which was fast-tracked this week by state lawmakers — and supported exclusively by GOP members — clarifies language barring deed restrictions on buildings to be used for education purposes. Detroit Prep asked Allen to postpone his ruling until that law is signed.
“If passed, the Amendment will favor the plaintiff [Detroit Prep] in this case and adversely impact the District’s position, legal argument, etc.” Vitti said in an email to the state House Education Reform Committee chairman, Rep. Tim Kelly.
Detroit Prep’s lawyer, Jason R. Gourley, said that the bill could “be on the governor’s desk as early as next Tuesday.”