Judge declines to rule on whether Hungerford School lawsuit can continue
A lawsuit over the site of the former Hungerford School in Eatonville is in a holding pattern, while a judge deliberates over whether it can continue or not.
Ninth Judicial Circuit Court Judge Chad Alvaro declined to rule on Orange County Schools' motion to dismiss the lawsuit over the former Hungerford School.
The Association to Preserve the Eatonville Community and Bea Hatler, the descendant of Robert Hungerford sued the district in 2023 over its plans to sell the site.
Southern Poverty Law Center Deputy Legal Director Kirsten Anderson is the attorney representing the Association.
She said regardless of whether the judge decides to let the lawsuit continue or not, the dispute could be resolved by vote of the Orange County School Board.
“We call on the school board to return this land to the community so that they can exercise their own self-determination about the future of this sacred land that is pivotal to the cultural landscape of this historic town and to the town's very survival,” said Anderson.
The attorneys for the school district argued that Orange County Public Schools is absolutely immune from the lawsuit and that no court has jurisdiction to review this case.
In a statement, Orange County Schools said, “While the district was pleased to present arguments before the court this morning, out of respect for the judicial process we do not comment on pending litigation.”
A timeline of the fight for the Hungerford School
The battle over the Hungerford School started in 2023, when Orange County Schools attempted to sell the land to a developer with plans to turn it into mixed housing.
The developer ultimately pulled out of the deal, and a grassroots movement to reclaim the land for the historic Eatonville community was born.
Later that year, the Association to Preserve the Eatonville Community sued the district saying it had not honored the original 1951 deed to the land which stipulated the land could only be used for educational purposes.
Then, Bea Hatler, the descendent of Robert Hungerford, who the land was originally donated in honor of, joined in on the suit.
Earlier this year, Orange County Schools released 10 acres of the site under litigation back to Eatonville, to be used for the state’s first Black History Museum.
St. Augustine was ultimately chosen for the state’s first Black History Museum, and the lawsuit over the school continued. The judge did not give a timeline of when he might ultimately hand down his ruling about the fate of the lawsuit.
Need a review of what's happened so far regarding the former Hungerford School? Click here:
Danielle Prieur covers education in Central Florida.