The attorney for the Millcreek School Board is asking the court to throw out a taxpayer’s petition looking to remove school board members, saying that the request lacks any legal or factual support.

The request for removal comes from taxpayer Troy Prozan and is based on a claim that forcing students to wear masks violated their constitutional protections.

In the district’s response, however, Solicitor Timothy Sennett argues that a directive from the Department of Education authorized local districts to allow for the possibility of mandatory face masks.

The district is asking a judge to deny the petition and require Prozan to pay for the costs involved.