FAYETTEVILLE - A man filed a lawsuit seeking specific performance in the purchase of a now-closed high school.

Barry Blackburn filed a lawsuit Dec. 6 in the Fayette County Circuit Court against the town of Gauley Bridge, seeking specific performance.

According to the plaintiff, at a city council meeting on July 9, Mayor John Kauff brought on for first reading the sale of the Gauley Bridge High School, which the majority of the council agreed to sell.

The complaint says that on July 23, Tim Blankenship, a councilman, made a motion to sell the high school, which was seconded by Gladys Kauff, and the motion was carried in favor of selling the high school.

Blackburn says that on Aug. 7, the town of Gauley Bridge published an advertisement for bids to purchase the school in the Register Herald. He further claims he reviewed the advertisement and submitted a sealed bid in accordance with the advertisement and within the time frame permitted to accept bids.

He says that during a council meeting on Aug. 13, the bids were opened and he had the highest bid at $28,555, and on Aug. 14 Mayor Kauff indicated he was going to accept the bid for purchase. On Sept. 10 Mayor Kauff announced to the council he had accepted the bid and the council members stated that the mayor did not have the power to accept the bid.

Blackburn is seeking an unspecified judgment or amount of damages. He is being represented in the case by attorney Philip J. Tissue.

Fayette County Circuit Court Civil Action No. 13-C-319

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