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School sued by landlord for not paying building costs

Richard Milburn Academy says it will hold back part of its monthly rent payments until the dispute is settled.

By CARY DAVIS, Times Staff Writer
© St. Petersburg Times
published March 29, 2003


NEW PORT RICHEY -- Richard Milburn Academy is financially healthy but is holding back part of its monthly rent payments because of a dispute with the landlord over construction costs, the charter school's top official said Friday.

"This will get resolved," said Robert Crosby, national president of Richard Milburn Academy, a charter school corporation based in Salem, Mass.

"The school will go on."

Crosby was responding to a lawsuit filed Thursday in Circuit Court that seeks to evict the charter school from Counsel Square Professional Center on Little Road.

The lawsuit alleges that the Richard Milburn Academy violated the lease agreement by failing to make monthly payments on $131,000 in improvements made to the facility to accommodate the charter school. The school, which caters to students at risk of dropping out, has an enrollment of 51.

"They decided they didn't want to pay back the build out costs," said Stanford Solomon, a lawyer for Counsel Square.

Crosby said his company has no problem paying for renovations needed to convert office space into a classroom environment. What he objects to, however, is being asked to pick up the tab for heating and air-conditioning units and fees for sewer hookup and construction oversight -- in addition to rent.

"They're charging us for things they agreed to pay for," Crosby said. "I refused to go along with it. My money comes from public funds, and I'm not going to be bullied. I'd rather litigate."

Charter schools are publicly funded but privately run. The idea behind them is to give parents and communities the ability to open their own public schools. Richard Milburn Academy operates charter schools in at least nine states.

Solomon, the lawyer for Counsel Square, could not be reached for comment Friday.

Crosby said the two sides had been in negotiations until Counsel Square decided to take legal action. He said the parties are about $40,000 apart.

Max Ramos, supervisor of charter schools in Pasco County, said he is confident the dispute will be resolved.

"I don't see (Richard Milburn Academy) being evicted," he said. "They've got too much invested in the school."

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