"If they were to accept the offer, it would all be over," Borden said in an e-mail to the Journal. "I don't anticipate they will do this, but it could happen. But if they decline, as I expect they will, that will be strong evidence that their aim is not at education, but at football stadiums."
Borden has filed suit with the school district stating that special purpose local option sales tax dollars must be used for such purposes as education or building new schools, not to install artificial turf at all of its high school football stadiums, which is what the district was on its way to doing before the lawsuit halted the undertaking.
"We're saying it's all about football. That's what this case is about," Borden's attorney Tom Harper said in a meeting Friday with the school district's attorney, Nancy Ingram Jordan, Todd Hatcher of Brock, Clay, Calhoun and Rogers, and Superior Court Judge J. Stephen Schuster, who will hear the case.
But the district argues that the artificial turf fields will be used for various educational purposes, including classes for science, math, history and special education.
In a letter sent to Jordan on Wednesday, Harper wrote that his client would settle if the district agrees to install the artificial turf outside the high school stadiums, and the turf is not used primarily for football games and practices.
"If, as proclaimed by numerous interested persons, this is all about providing new educational opportunities of a type available only from a plastic covered field, this will meet that professed need," Harper wrote in the letter.
Attached to the letter was Harper's settlement offer, which stated the conditions that "the turf being installed will not be made a part of, or placed within the confines of, any stadium and (b) no turf will be marked for football games or practices with paint or other long-lasting yardage markers."
Jordan dismissed the settlement, saying that the district is open to a good faith offer, but that Harper's "is really not a good faith offer."
"We're certainly always willing to discuss any offers, we believe first of all, they need to be in good faith and not just a publicity stunt," Jordan said.
On Friday, Schuster set a court date with both counsels to continue the artificial turf lawsuit on April 15. Both counsels and the judge agreed on one thing, saying the core issue of the ruling will be based on the legality of spending SPLOST dollars for the project.
According to the law, SPLOST funds can only be used for capital outlay projects, things like construction projects to build of renovate new schools for educational purposes. Harper's argument is based on a statute that states installing turf in a stadium is prohibited by law, since the main function of a stadium is not for educational purposes.
Jordan disagrees. During the last hearing on Feb. 23, the district submitted 19 affidavits to the court, 16 from each Cobb high school principal and three from district leaders, citing the benefits of turf and stating that the fields would be used at least seven hours a day for various educational purposes.
On April 15, Schuster will hear from both sides and rule on whether the statute Harper is referring to applies to the turf case. Regardless of what the judge rules, Harper said the suit will most likely go on to further appeals and additional hearings.
Meantime, Schuster has asked for both sides to provide him with briefs arguing their case by April 5.
The judge also announced on Friday during the meeting that his wife is a teacher at Pope High School and asked both counsels if they had any issues with him hearing the case. Jordan said no, while Harper said he would alert the judge by Monday if his client had any issues with it, although he doesn't expect that he will.
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Last Chance, unless you decide to sue because of their violation of due process:
6/9 CCSD Board Meeting
Public Comments - 7:30 AM sign in to speak
Board Meeting, comments - 8:30 AM
514 Glover St. Marietta, Georgia 30080
(Legal Adoption of the FY2011 Budget at Regular Board Meeting)
Obviously you do not have an athlete in the public school system.
I can recall SEVERAL game cancellations do to bad field conditions in recent years, 2 within the last 3 weeks for lacrosse games. Get your facts straight before you enter a conversation.
Second, this issue has nothing to do with trailers at the schools. That is a separate issue and perhaps you should petion your school board about that.
Additionally I would like to address the individual who said games have not been cancelled due to field conditions. Please don't be so foolish as to believe that only football occurs on the athletic fields at most High Schools. In addition to football the soccer team (Boys & Girls), the Lacrosse team (Boys & Girls), the Track and FIELD team (Boys and Girls) & P.E. classes use the field. I know of 5 games this season alone that have had to be rescheduled at my school due to field conditions after the torrential rains we have experienced this year. Get your facts straight before you chime in!
If you really are concerned about our education system, then contact your local legislator, let them know their re-election depends on them finding the money needed in other areas and leave education funds alone. Other "Pet" projects should be cut to $0.00 before the first dollar is touched in education.
"Tom -- You are a superb lawyer or shall I say advocate. Words are inadequate to express the thanks in my heart for your good work. You were speaking to one of the members present in the court when Judge Adams leaned over to me and said that he was very impressed with your work at the trial. He reminded me that I was well represented. I agree with him." Pastor Jim Crooks, Southside Baptist Church
Coach Sanderson dreamed up this turf thing to try to sell SPLOST III. He has deliberately let the fields go to hades in order to justify this wqsteful expenditure.
How many football games were called off because of field conditions in the past five years? Can anybody tell me? The answer is, not the first one.
Let's quit playing games with our schools, drop this idtiotic notion and build the classrooms we have been promised for the last two SPLOSTs and get rid of the trailers,as promised for the last 2 SPlOSTs plus this one. One school has had trailers for TWENTY FIVE YEARS. Two complete classes from first grade to graduation.
Turf is not only for football players, but for all extracirricular activities as well.
And as for the money, do you realize that the school takes the gate money from every game played at a school?
Why is no one demanding an accounting of where those funds go and what they are spent on? Why isn't this money used to help pay for teachers? Our athletes raise alot of money for their schools and deserve a decent, safe place to play.
Math??? - Ratios of number of blades of plastic grass per square inch versus natural grass.
History??? - in the old days, people actually played on real grass.....can you imagine???
Special Ed??? - varying textures are good for developmental growth!
Kids spend enough time in artificial environments(online, video, indoor anything) as it is.....is it not worth the effort to let them connect with something real???????????????
the warning. I am sorry about all you people who are upset over the fact that your playhouse may be torn down, but, guess what. In this country, the law must be obeyed. Further, when people do not listen any other way, the only recourse left is the courts. People should be ashamed of themselves for vilifying Borden for standing up for what he believes.