CLARKSVILLE, Tenn. – Three local will be allowed to temporarily return to the schools they previously attended after their family filed a lawsuit over a zoning issue.

Circuit Court Judge William Goodman has issued a temporary restraining order that allows the Fair family students to return to their most recently attended schools until a hearing can be held to address their school zone residency.

A lawsuit was filed by the Fair family Oct. 22 challenging the Clarksville-Montgomery County School System’s (CMCSS) position that they should be attending schools in a different attendance zone.

The Fair family told WKRN News 2 they were forced to un-enroll their three kids, because they have a business address that the school system is claiming they reside in.

Despite their efforts to prove their primary residence is across from Richview Middle, they said they were told their kids had to transfer to another school zone.

Elise Shelton, spokesperson for CMCSS, said she students’ parents received letters advising them to enroll their students at their zoned schools and those schools were prepared to accept the students’ enrollment immediately. However, Shelton said the students were never enrolled in the different attendance zone and the students have not attended school since Oct. 9. Fall break was Oct. 12-16.

“This order is not a decision on the merits of the case and was issued without notice to the School System. All parties agree that it is in the best interests of the students to be in school. The School System will present facts addressing the allegations of the Petition at the hearing of this matter,” said Katherine Olita, attorney for CMCSS.

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