The request from neighbors of the planned West Towson Elementary School for an injunction to stop the construction of the school could be decided on as early as this week.

Lawyers representing four families who live near the school -- which is already under construction -- presented their case May 21 before Baltimore County Circuit Court Judge Michael Finifter, while representatives of the Baltimore County school system countered the filing.

The three-story, 69,000-square-foot school is planned for a 3.1-acre parcel that's part of Ridge Ruxton School, a school for children with special learning needs.

The new school would have a capacity of 451 students, and is scheduled to open next year.

School system officials say the new school is expected to help alleviate overcrowding at other schools in the Towson area, and is part of a plan to put more elementary seats in the York Road corridor over the next few years.

Margaret Fonshell Ward, an attorney representing residents of four houses next to or near the proposed school, said it would do "irreparable harm to property values."

Parts of the school facility, including the kitchen, a propane tank and heating and air conditioning systems, would be less than 100 feet from those houses, said Ward, who represents Sophia Dryer, Kurt and Cynthia Polins, Theodore and Christie Root, and Henry and Karen Vail.

"Who would want this?" Ward asked. "Who would find this acceptable?"

Ward argued that the school system should be forced to stop construction because it violated state law and the system's own policies regarding public input on new school site acquisition and construction. She contended that the system has repeatedly failed to meet with homeowners affected by the construction.In the past, opponents have also raised safety concerns about existing North Charles Street traffic and the potential for problems with additional buses the new school would bring.

Andrew Nussbaum, one of two attorneys representing the school system, asked Finifter to dismiss the lawsuit, saying the plaintiffs had not proved their case.

"They're not happy about having a school built in their neighborhood," Nussbaum said. "That's not sufficient."

Margaret-Ann Howie, an attorney also representing the system, said stopping construction because of proximity to existing homes would have a chilling effect on future construction.

If that argument succeeds, she said, "There is no local board of education anywhere in Maryland that could build a school in a residential area."

"We believe we have followed the process we are required to follow," Howie said.

Finifter delayed ruling on the motion to dismiss the lawsuit. He gave Ward until May 26, to file a written argument opposing that motion. A decision could come late next week.

After the trial, supporters on both sides said they were hopeful.

Cathi Forbes, parent of a student at Rodgers Forge Elementary and author of Towson Families United, a pro-West Towson Elementary school blog, said arguments against the school based on proximity to existing houses fail to take into account that other schools are quite close to the homes they serve. Rodgers Forge Elementary is separated from homes in some places by a fence or an alley, she said.

"It's not a toxic dump," Forbes said. "It's a place where kids go to school."

Those supporting the plaintiffs said they're upset at what they believe is the county government and school system forcing the issue down the throats of residents without asking for comment.

"It's government run amok," said Kathleen Palencar, president of the Ridge Ruxton Lake Roland Area Improvement Association.

"We wouldn't want to see this happen in another part of Baltimore County six months or six years from now," she said.

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