Circuit Court Judge Malcolm Street Jr. last week dismissed a case against the Cleburne County Board of Education and Ranburne High School Principal Trevor Kribbs brought by Ranburne area resident Chris Ledbetter.

In his order issued July 15, Judge Street said, "It is hereby ordered, adjudged and decreed that the defendants' motions to dismiss are granted with prejudiced in favor of all defendants for all claims asserted."

In May, Ledbetter filed a lawsuit against the BOE, Krbbs, Cleburne County Superintendent of Education David Easley, former Cleburne County Superintendent of Education Scott Coefield and State Superintendent of Educations Dr. Joe Morton over an alleged affair between his former wife and Kribbs.

Ledbetter and his son filed an 11-count complaint and their attorneys argued in court that the defendants conducted a pattern of willfully band faith and fraudulent efforts to cover up the situation by not dismissing Kribbs from his position at RHS.

In his order, Judge Street noted the complexity of the case and while plantiffs argued they were entitled to conduct discovery, defendants submitted that the alleged issues of fact were not relevant to certain questions.

While construing that the allegations in the complaints are were true, the court recognized that "under the doctrine of separation of powers, this court may not compel public officials to discharge their discretionary responsibilities in a particular manner" and the "plantiffs contentions fail to state claims upon which relief can be granted."

Judge Street, in his order, noted "By statutory mandate, whether to terminate a contract principal is a matter for the superintendent or board of education to decide. By statute, the circuit court has jurisdiction only to decide an appeal if a contract principal was terminated by statutory cause," and "it is clear that the Alabama Legislature intended that the legal authority to decide personnel issues such as the one at bar should rest with the employing board of education and its superintendent, not this court. . . If Mr. Kribbs is to be terminated, or his salary modified, that decisions is for the board and not this court. Thus, this court denies plantiffs' request to hold Mr. Kribbs' employment contract a nullity."

On the issue of failing to state claims, Judge Street said, "What plantiffs asked this court to do regarding State Superintendent Joe Morton — namely, for the court to do regarding State Superintendent Joe Morton — namely, for the court to order Dr. Morton to conduct certification revocation hearing — was a clear violation of the separation of powers," and "For the same reasons, this court finds that it would be a violation of the doctrine of separation of powers for this court to order the Cleburne County superintendent or the members of the Cleburne County Board of Education to discharge their statutory duties in a particular way."