Judge Orders Disposition of Stillwater School House
- 12/06/2019 05:34 AM (update 04/11/2023 01:49 AM)
by Joe Dahl --
After sixty four years of uncertainty, what to do about the Stillwater school house was finally settled Wednesday in Tenth Judicial District Court when Judge Stockard provided for an order for the Churchill County School District to deed the property to the Stillwater Community Center Association.
First built in 1918 as a community effort, mostly lead by Albert Weishaupt, on 3.64 acres it became a two room-two teacher school with up to 40 students in the first eight grades. After thirty-seven years that ended abruptly in 1955 when the State Superintendent of schools consolidated most of the state’s small rural schools and started bussing children into the nearest town.
There isn’t much history left of those old schoolhouses disappearing, nor of the ownership of the land they were on. Churchill County School District continued to hold title to Stillwater School and leased it to the community for a dollar a year. The District didn’t need it and for the most part didn’t want the potential liability. Over the years there were attempts for a permanent solution. The Stillwater community formed a non-profit that they named Stillwater Community Center Association.
By law if the District sold the property there were hoops to hop through, expensive ones, before the requirement to sell it by open bid. Common consensus was the fear was that someone might bid more than the Association could afford. Ted deBraga, who graduated eighth grade from Stillwater School, told the court that he had seen by chance, in the newspaper, the school district intent to sell the school. He was unable to get on the District agenda to address the issue. He talked to his old friend and lawyer Jim Sloan who has a lifetime of experience with the mechanics of the law. Talk amongst the Association members and Mr. Sloan led to filing suit against the School District.
The Wednesday court proceeding revealed that over the years the community had spent in excess of $48,000 and countless man-hours and lots of use of farm equipment and hand tools to maintain the property and the buildings. This volunteer labor includes a new metal roof, floors, walls, kitchen, bathroom and paint – inside and out – as well as continuing maintenance and repair of two wells. The Association and Stillwater community have taken very good care of it, also keeping it insured since 2004 at over $500 per year. At the same time the District has it insured under the “state pool” system.
The school is used for private functions as well as many community affairs. Voluntary donations of $100 per year from people in the community, provide the revenue source for maintenance.
At the court proceeding, representing the School District was legal counsel Sharla Hales, accompanied by Phyllis Dowd, Director of Business Services. Dowd explained to the court the difficulties entailed in the District selling the school.
Representing the Stillwater Community Center Association was Marcia Ernst and Ted de Braga who testified to the past and present circumstances of the school. They were accompanied by Candy Peck; the three of them are members of the five Stillwater families that have lived there for over one hundred years. James F. Sloan, from a Fallon family of over one hundred years, came to court as legal counsel, and as a community service for the Association.
The proceeding was not adversarial proceeding. Stockard explained that he has the ability to rule for justice and equity and directed Mr. Sloan to write up an order for the school district to deed the property to the Association for consideration of the many years of maintenance.
Both parties left the courtroom happy, having solved a decades old problem.
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