IN THE COMMON PLEAS COURT OF CUYAHOGA COUNTY, OHIO
CIVIL DIVISION
Laura McShane. Case No.
Cleveland, Ohio 44109,
Plaintiff,
v.
Cleveland Metropolitan Judge:
School District
1380 East Sixth St.
Cleveland, Ohio 44114
and
James Darr, Administrator
Issue 14 Bond Accountability Commission
c/o Cuyahoga Community College
2900 Community College Ave. MBA, Room 221
Cleveland, Ohio 44114
and
Jane/John Doe
Defendants
1. The Plaintiff, Laura McShane, Pro Se, is a resident and taxpayer in the Cleveland Metropolitan School District
2. The defendant Cleveland Metropolitan School District (hereafter referred to as CMSD)serves residents within the Ohio Public School District 1809
3. The defendant James Darr has been assigned as administrator of the Issue 14 Bond Accountability Commission.
4. Jane/John Doe are other parties possibly engaged in the conduct complained herein and to be identified upon future discovery.
FIRST CLAIM
5. The plaintiff incorporates by reference the facts and law as alleged in paragraphs (1) through (4) as if fully rewritten here.
6. Plaintiff voted in 2001 in favor of Issue 14, the levy for “Warm, Dry, Safe” Cleveland schools and holds the Cleveland Metropolitan School District accountable for failing to keep the promises made to taxpayers during the 2001 levy campaign and subsequent formation of the Bond Accountability Commission to uphold the original master plan commitments to taxpayers in the City of Cleveland.
7. Plaintiff understood and expected the Cleveland Metropolitan School District and the City of Cleveland to respect the landmark designation designed to protect John Marshall High School designed by architect George M. Hopkinson and located within the City of Cleveland at 3952 W 140th St Cleveland, OH 44111
SECOND CLAIM
8. Passage of Bond Issue 14 did not promise the taxpayers the burden and expense of new construction, and the Bond Accountability Commission, established after that levy successfully passed, has not held the Cleveland Metropolitan School District accountable to the promises made to taxpayers during the 2001 School Levy campaign.
9. The voters of Cleveland authorized the creation of the Bond Accountability Commission (BAC) with the passage of Issue 14 in May 2001. The independent, community-based organization was formed to oversee the Cleveland Metropolitan School District’s facilities Master Plan and the expenditure of $335 million in Issue 14 funds authorized by Cleveland voters.
10. Defendant Bond Accountability Administrator James Darr failed to present the true cost and errors and in the estimates of the new construction proposal to taxpayers and residents in the City of Cleveland for all construction projects, and especially John Marshall High School.
11. Defendant Bond Accountability Administrator has failed to present timely information and data crucial to the CMSD facilities plan on the Bond Accountability website:
http://net.cmsdnet.net/BAC/BAC.htm last updated on 1/19/2010.
THIRD CLAIM
12. Defendant the Cleveland Metropolitan School District employed facilities administrators who have been investigated and prosecuted for fiscal malfeasance possibly related to the construction contracts engineered for the new construction alternative as opposed to a full renovation of historic John Marshall High School. These administrators include former Chief Operating Officer Daniel Burns and Shenee McCoy-Gibbons, administrative assistant to former COO Daniel Burns and other possible persons implicated in the Cuyahoga County corruption probe identified herein as defendants Jane/John Doe upon further discovery.
WHEREFORE, Plaintiff Laura McShane demands
1.) injunctive relief to cease and desist all action on the demolition of John Marshall High School. 2.) Plaintiff demands CMSD to uphold the promise made to taxpayers to renovate and preserve the landmark building known as John Marshall High School 3.) Plaintiff requests compensation for all personal court costs related to presenting this matter for public review and prosecution.
Submitted by:
___________________________________________________
Laura McShane, Pro Se
Date:
IN THE COMMON PLEAS COURT OF CUYAHOGA COUNTY, OHIO
CIVIL DIVISION
Laura McShane Case No.
Cleveland, Ohio 44109,
Plaintiff,
v.
Cleveland Metropolitan Judge:
School District
1380 East Sixth St.
Cleveland, Ohio 44114
Et al.
Defendants
PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION
Now comes plaintiff and moves this Court pursuant to Civil Rule 65 for a preliminary injunction requiring all defendant Cleveland Metropolitan School District to cease and desist all demolition proceedings on John Marshall High School at 3952 W 140th St Cleveland, OH 44111.
Respectfully submitted
_________________________________________
Laura McShane, Pro Se
Cleveland, Ohio 44109