CENTRE — In a ruling issued earlier today, Circuit Judge Randall Cole tossed out most of the claims brought against the Cherokee County Commission and its officers by the Board of Education in a lawsuit filed earlier this year.

In February, Superintendent Brian Johnson and his Board members sued the county for what they claimed was a failure to adequately fund the Board’s main office in Centre, a maintenance building in Centre, and a technology office in Cedar Bluff. The suit claimed none of the facilities has been adequately funded for “at least the past six years.”

The lawsuit also sought compensatory damages in the amount of $115,000 for the 2010-11 school year plus an unstated amount for the six previous years of alleged shortfalls. The Board also sought to recover lost accrued interest, creation of a constructive trust to enforce the judgment, and court costs.

In his ruling, Judge Cole basically said “no” to all those claims.

The action also named as defendants commissioners Carlton Teague, Kimball Parker, Elbert St. Clair and Wade Sprouse, as well as Probate Judge and Commission Chairman Melvyn Salter. Judge Cole granted the defense’s request to have the five county officials dismissed from the suit.

Cole also tossed out several claims that the commissioners and Salter had breached “statutory trust, implied trust, and constructive trust, respectively.”

Cole did rule that the Board may continue to seek additional operating funds from the Commission. However, he pushed aside the Board’s claim to an annual allotment of $115,000, citing a letter the Board sent to the Commission last summer.

Cole ruled that the maximum amount the Board may sue for is $72,767.13, “the court finding that a claim for this amount was made by the Board of Education in its letter to the Cherokee County Commission dated August 17, 2010.”

In January, County Administrator Tim Burgess told The Post the Commission typically allots around $50,000 annually to the Board specifically for office expenses. Effectively, based on the numbers in Cole’s ruling, the Board can continue its legal action and seek restitution of $22,767.13.

Cole’s ruling concluded: “The court finds that claims for sums exceeding this amount are barred by the statute of claims.”

Attorney Bill Hawkins, who represents the County Commission, declined to comment on Cole’s ruling. Calls placed to Superintendent Brian Johnson have not yet been returned.

The Post will have more on the ruling, along with how it could impact discussion of a proposed one-cent sales tax that could be used to save the Career and Technology Center (complete story here), as soon as possible. Check back for updates.

The commissioners have called a three-hour public forum tomorrow (Tuesday) night at 5 p.m. at the First Baptist Church ROC in Centre to discuss the sales tax proposal (complete story here).