Victory for Charter Schools in New York State Supreme Court

Paul, Weiss has obtained a victory on behalf of New York City charter schools in New York State Supreme Court. Yesterday, Justice Paul Feinman denied a motion for a preliminary injunction filed against the Board of Education (BOE) by a group of parents of public school students. The plaintiffs sought to require the BOE to collect approximately $100 million in rent from charter schools that are currently permitted to use BOE facilities for free. A group of charter schools, including Paul, Weiss clients Harlem Success Academies 1 and 4, intervened as defendants and opposed the plaintiffs' motion. Justice Feinman held that the plaintiffs failed to show irreparable injury -- among other reasons, they had delayed years in bringing their petition, and identified speculative harms. Moreover, he concluded that the equities favored the defendants because requiring the charter schools suddenly to pay rent would shut some of them down, thereby "wrench[ing] charter school students from their choice of school during a school year." Although the plaintiffs reportedly will press on, charter school advocates in New York have stated that they are heartened by the ruling.

The Paul, Weiss team included litigation partners Theodore V. Wells Jr. and David W. Brown and associates Ralia E. Polechronis and David K. Kessler.