Shelby County Government and the Memphis-Shelby County Schools board have filed another lawsuit aimed at stopping the state takeover of Memphis' school system.
The lawsuit was filed in Shelby County Chancery Court on Oct. 7, the evening before the state oversight board planned to meet.
The suit is the county's latest attempt to block the takeover — just days after a federal judge indicated he would lift an order preventing the oversight board from meeting.
The new lawsuit treads similar ground to the ongoing federal lawsuit, which argues the takeover is unconstitutional because it invalidates the authority of local elected officials.
"The elected Board retains the title of office but none of the power granted to it by state law," the Oct. 7 lawsuit
read. "When an elected body cannot adopt its own budget, hire its own superintendent, or approve its own contracts, it does not govern."
A representative for the Tennessee Attorney General's Office declined to provide comment on active litigation.
The oversight board, made up of nine members appointed by state officials will meet at 2 p.m. Oct. 18 at 312 Rosa Parks Ave. in Nashville. The meeting will also be available to attend virtually.
The board is scheduled to discuss staffing, the budget approval process, and the forensic audit of the MSCS school system among other items, according to the agenda.
Shelby County Government, the school board, the Shelby County Board of Commissioners and the individual members of the school board are listed as plaintiffs on the new lawsuit.
Jack Armstrong covers breaking news and the environment for The Commercial Appeal. He can be reached at jack.armstrong@commercialappeal.com and followed on X @jca2902.
This article originally appeared on Memphis Commercial Appeal: Shelby County, MSCS board sue again to stop school takeover
