Appeals Court upholds Worthington’s Gateway pullout

In a ruling Thursday, the Massachusetts Appeals Court upheld the town of Worthington’s right to withdraw from the Gateway Regional School District.

“The town of Worthington is incredibly happy with this result and from the beginning has felt that they did the right thing for the students that reside in their town. This is a good decision,” said Layla G. Taylor, an attorney for the town.

The Appeals Court decision affirmed a 2016 ruling by former Hampshire Superior Court Judge Bertha D. Josephson, who dismissed a lawsuit seeking to reverse the town’s action.

The lawsuit was filed in October 2014 by Gateway Regional School Committee member Ruth Kennedy, of Russell, against the town of Worthington and the Massachusetts Department of Elementary and Secondary Education. It was later amended to include Derrick Mason, a Russell Finance Committee member, and the Gateway Regional School District as plaintiffs.

Kennedy said Thursday she was “disgusted” by the Appeals Court ruling and that it could have wider implications as regional school districts are struggling across the state.

“This is going to affect the whole state because towns are trying to get out of regional districts right now and this gives them the perfect out,” Kennedy said. “It says they don’t have to pay to get out or pay their expenses.”

Kennedy did not know what her next move would be but said she wasn’t one to let something drop.

“I haven’t closed any of my options yet,” she said.

In 2013, Worthington told the school district it wished to withdraw and attempted to do so. Unable to get the required unanimous approval from the other member towns — Blandford, Chester, Huntington, Middlefield, Montgomery and Russell — Worthington filed a “home rule petition” with the Legislature.

The Legislature allowed the town to withdraw from the district when it adopted “An Act Relative to the Withdrawal of the Town of Worthington From the Gateway Regional School District.” Then Gov. Deval Patrick signed the act on May 7, 2014.

Worthington’s decision to leave Gateway came after the district closed the town’s elementary school in 2010. Worthington reopened the R.H. Conwell Elementary School in 2015.

The lawsuit argued that the state’s action was among other things an “unconstitutional impairment of contract” and a violation of the so-called “local mandates” law.

Josephson ruled in February 2016 that the Legislature had acted within its authority and that none of the plaintiffs bringing the suit had legal standing to challenge that act.

Attorney James B. Lampke, who represented the town of Huntington in the case, called the decision unfortunate. Like Kennedy, Lampke said if the decision remains it could call into question the stability of hundreds of contracts throughout the state that are entered into by governmental entities.

“While I have a great deal of respect for the Appeals Court ... I think that the court is in error on it,” he said.

Lampke said a decision has not been made on next steps.

Reached Thursday afternoon, Worthington School Committee Chairman John McDonald said the Appeals Court decision lifted a cloud that has been hanging over everything.

“I think it is great news for everyone. The complaints that the folks in the Gateway School District made were really highly speculative and didn’t really reflect the process we went through to try and withdraw,” McDonald said. “Really all they’ve done is end up costing the citizens of their own towns more money in legal fees over the past two years.”

Worthington Select Board member Charlie Rose echoed McDonald’s statement saying the money the towns have spent on legal costs could have been instead spent on the education of children.