A Carbon County judge on Wednesday dismissed a Lehighton Area School District director’s request for injunction over bill payments made earlier this year.

Director David Bradley, in his complaint, alleges the district was in noncompliance with Section of 609 of the Pennsylvania School Code dealing with finances.

Common Pleas Judge Steven Serfass filed an opinion Wednesday, listing multiple reasons for dismissing the action and therefore canceling a court hearing on the matter that was scheduled for Thursday morning.

“Our review of the complaint confirmed that (Bradley) has failed to identify any specific budget transfer or line item expenditure which was allegedly violative of section 6-609,” Serfass wrote. “Given that the School Code provides for school budgets to be opened, revisited and reallocated as necessary, and that (Bradley) has failed to identify any immediate or irreparable harm recognizable by this court.”

The core of Bradley’s argument was that the district was spending money before it was transferred from one area to another within the budget.

“The board has done so for months,” Bradley said in May, “evidenced by their need for fund transfers and has issued on the agenda for the board meeting that includes further payments of funds to vendors, which will cause the sums appropriated to specific purposes in the budget to be exceeded.”

In his claim for injunctive relief, Bradley asserted that the irreparable injury warranting an injunction was “a community living under a rogue government.”

“We note that (Bradley) did not specifically seek the issuance of a preliminary or special injunction preventing the vote approving the preliminary budget, which did occur during a publicly advertised meeting on May 24. Moreover, final budget passage was approved on June 28 and no preliminary injunction request was filed prior.

“The injunction request was initially scheduled to commence on June 15, however, a continuance of that hearing was sought by (Bradley) and granted by this court, further calling into question the urgency or necessity of injunctive relief.”

Bradley served the complaint to the district by forwarding to the school district’s business manager via email.

“The Pennsylvania Rules of Civil Procedure provide for service by the county sheriff or by a competent adult in a civil action in which the complaint includes a request for injunctive relief,” Serfass wrote. “The rules do not provide for service by email.”

Serfass also noted Bradley failed to file a response or a brief in opposition to the districts’ preliminary objections following a June 28 court order.

Bradley also failed to appear for oral argument on July 27.