ALFRED – A York County Superior Court Justice denied Regional School Unit 21’s request for a temporary restraining order to halt further action on the attempted recall of elected school board director Tim Stentiford.
Justice Wayne Douglas, in an order handed up Thursday, Feb. 3, one day after a hearing, said the school district had failed to demonstrate irreparable injury.
“A party seeking injunctive relief bears the burden of demonstrating it will suffer irreparable injury if the injunction is not granted; such injury outweighs any harm that may result from granting the injunction; there is a likelihood of succeeding on the merits of the claim, and the public interest will not be adversely affected,” wrote Douglas. “The court balances these factors to determine whether injunctive relief is warranted in the unique circumstances of each case. If the moving party fails to demonstrate any one of the factors, injunctive relief will be denied.”
He said proof of irreparable injury – for which there is no adequate remedy at law – is a prerequisite for injunctive relief and must be presented by affidavit or verified complaint.
“Plaintiff has failed at this point and on this record to demonstrate irreparable injury,” wrote Douglas.
He said the record before the court shows no supported factors establishing that RSU 21 would be irreparably harmed if the recall process is not enjoined.
“The plaintiff in this case is RSU 21 itself – not the individual board director who is the subject of the recall,” Douglas wrote. “The impact on RSU 21 of the commencement of the recall process which it seeks to enjoin is purely speculative.”
Denial of the injunction means the process leading up to a March 29 Special Town Meeting election continues. A final court hearing on the complaint is set for March 2.
A group led by Kennebunk resident Norm Archer filed affidavits to recall Stentiford and board chair Art LeBlanc on Nov. 30, citing what they alleged were deficiencies that warranted their ouster. Petitions were issued; the petition seeking a recall election of LeBlanc came up one short of the 665 signatures of registered Kennebunk voters required under the charter. The petition naming Stentiford had 668 signatures after town Clerk Merton Brown found 29 names to be invalid, and following challenges, three additional names were determined to be invalid, leaving 665.
RSU 21 filed for a preliminary injunction and for declaratory relief on Jan. 10, claiming neither of the affidavits contained an objective verifiable basis for recall.
On Jan. 28, the school district requested an emergency hearing for a temporary restraining order, after the petition naming Stentiford was certified, and he was notified the recall process would commence in five days. The emergency hearing took place Feb. 2.
The school district also contends that the Kennebunk Charter does not apply to school board directors. In its filings, it points out that Article 7 the charter does not expressly include RSU 21 school board directors as elected officials subject to municipal recall.
The town contends that the charter does apply and during the hearing, town attorney Natalie Burns noted that the six RSU 21 directors representing Kennebunk are elected by voters in the municipal elections – that there is no separate election process.
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