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Another school scenario

Posted: Tue Sep 28, 2010 8:34 am
by PvilleStang
So I'm working at a campus that's not being used until next Monday. Can one carry on said campus during buildout? Or is it legally a school at this point?

Re: Another school scenario

Posted: Tue Sep 28, 2010 8:38 am
by dicion
Unknown. Undefined. Untested in court :thumbs2:

Don't you just love the Texas Statutes?! :smilelol5:

I'm guessing the tax records say it's being used as a school, and owned by a school district or organization.
The judge will be the one to decide what defines a 'school', and Tax Records saying it's used as a school handed to him by a prosecutor would be pretty substantial IMO.

Re: Another school scenario

Posted: Tue Sep 28, 2010 9:18 am
by WildBill
I would say it is a school. During summer vacations and breaks when there are no classes or students, they are still schools. IANAL.

Re: Another school scenario

Posted: Tue Sep 28, 2010 9:59 am
by ScottDLS
PvilleStang wrote:So I'm working at a campus that's not being used until next Monday. Can one carry on said campus during buildout? Or is it legally a school at this point?
You can carry on the "campus", just not in the buildings.

Re: Another school scenario

Posted: Tue Sep 28, 2010 12:58 pm
by elwood blooz
WildBill wrote:I would say it is a school. During summer vacations and breaks when there are no classes or students, they are still schools. IANAL.

:iagree:

Re: Another school scenario

Posted: Tue Sep 28, 2010 11:03 pm
by CaptWoodrow10
The OP referred to "buildout", which leads me to believe that the "school" is currently under construction. Since it will open it's doors next monday for students, I assume that the buildings are already erected and workers are finishing up the detail stuff. To be honest, I have no idea on the legality. My gut says it's a no go for carry, but then again, the buildings may not be technically owned by the school district until the final inspection has been completed and the final paper work signed. It all depends on the contract between the builder and the school district. Of course IANAL, and my opinions are worth exactly bunk in a court room.

(Of course if it isn't NEW construction, then there is no gray in the picture. That would def be a no go.)

Edited to add: Of course I could be completely wrong on all of this, hence the IANAL comment.

Re: Another school scenario

Posted: Wed Sep 29, 2010 4:09 am
by Greybeard
Quote: "It all depends on the contract between the builder and the school district."

Schools districts typically own the land long before a builder ever sets foot on it.

Re: Another school scenario

Posted: Wed Sep 29, 2010 7:26 am
by dicion
Greybeard wrote:Quote: "It all depends on the contract between the builder and the school district."

Schools districts typically own the land long before a builder ever sets foot on it.
Ah, but does merely owning the land for a school, make it a school?

Rhetorical question.. The answer of which would be decided in a courtroom, by a judge or a jury.

What we need is a definition of 'school' in the statutes.
Or better yet, just remove all school restrictions from CHL :thumbs2:

I don't go shootin' any kids at the movie theater, or at the mall, why would I suddenly change my mind on a School Premises?