Camanche, Iowa, School district mulls options after losing property battle

By Steven Martens | Tuesday, October 09, 2007

CLINTON, Iowa — The Camanche School District is weighing its options after losing a court case challenging the Clinton School District’s right to own property within the Camanche district for a bus barn.

The Camanche district filed suit in March against the Clinton district and the State of Iowa, claiming that the Clinton district’s 2001 purchase of a former Iowa Department of Transportation maintenance garage at 3201 Lincolnway violated state law that gives school districts exclusive right to manage their own affairs within their own boundaries. The suit sought to have the property returned to the State of Iowa, which had owned it since 1967.

Clinton County District Judge Marlita Greve ruled that the law does not apply to the ownership of property and the Camanche district could not prove its school operations had been damaged in any way by Clinton’s purchase of the property and using it as headquarters for its school bus operations.

“Camanche has actually benefited from Clinton’s ownership of this property and has used the facilities for servicing its own school buses,” Greve wrote in her ruling. “The court finds Camanche has not shown injury; therefore, it does not have standing to bring this matter.”

Camanche Superintendent Tom Parker said he was disappointed by the ruling and that his district is exploring its legal options.

Clinton Superintendent Randy Clegg said he was “obviously very pleased” by the ruling.

According to court documents, Parker had a conference call with Clegg and attorney Jerry Van Scoy the day after the Clinton school board approved the purchase of the property in 2001, raising the question of whether it was legal for Clinton to own property within the Camanche district.

Told by Clegg and Van Scoy there was no law preventing it, he did not raise the issue again until October 2006 after being directed to by the Camanche School Board, according to court records.

Greve noted in her ruling that the Camanche district did nothing to challenge the purchase of the property before it was completed.

“Camanche had notice and an opportunity to be heard on this issue, but sat on its hands,” she wrote.

Including the initial purchase price of $90,000, the Clinton school district has spent $244,656 improving the property, according to court records.

Steven Martens can be contacted at (563) 659-2595 or smartens@qctimes.com.