Judge not to hear motion from Stokes parents, ex-principal

Winston-Salem Journal

DANBURY - A judge decided yesterday not to hear a motion by a group of parents and a retired principal who want a temporary restraining order against the Stokes County Board of Education.

Last week, the group filed a lawsuit against the school board for its decision earlier this year to move alternative-school students to North Stokes High School. The school board made the decision without a public hearing.

Judge Henry E. Frye Jr. met with attorneys from both sides in his chambers yesterday and decided that because the school board has not issued an order to move the students to North Stokes that the plaintiffs cannot ask for a temporary restraining order.

"He cannot enjoin something that hasn't happened yet," said Ed Powell, an attorney from Winston-Salem who represents the parents and retired principal. The group expects to ask for a preliminary injunction against the school board next month.

The school board will hold a public hearing at 7 p.m. May 30 about moving the alternative-school students.