Developer commences legal action against Chino School District

Randall Lewis, executive vice president of Lewis Operating Corp., announced Wednesday that Chino Development Corporation, a member of the Lewis Group of Companies and developer for The Preserve community in Chino, has commenced legal action against the Chino Valley Unified School District regarding the opening of the Lewis-developed school in The Preserve at Chino master planned community.

The decision to take legal action was in response to the recent decision by the Board of Education of the Chino Valley Unified School District on Nov. 6, 2008, to relocate the Briggs Fundamental School to the new school at The Preserve at Chino and to make the facility a district-wide "school of choice."

"We are deeply disappointed to have to take this action, however, after months of meetings with the school board members and district staff it has become apparent that the District has chosen to disregard our contract with them to open the school as a "home school" for residents of The Preserve at Chino" Lewis said. "While we continue to be hopeful that we can reach a resolution, we are rigorously pursuing our contractual rights".  

One of the key points of contention is maintaining priority enrollment status for residents of The Preserve, Lewis officials said.

Lewis spent over $35 million to develop the school in good faith based on their agreement with the District, which guaranteed the school would be a "home school" until at least 2014, according to Paula Dempsey, a spokeswoman for Lewis Operating Co. 

In addition to an order overturning the CVUSD Board's Nov 6 action, Lewis seeks to recover substantial damages if the District fails to open the school as a "home school" for all residents of The Preserve whose children wish to attend The Preserve school for the 2009-2010 school year and future years, according to a statement from the developer.