About 200 Andover families could learn as soon as Wednesday, Aug. 19, whether their children stay at Doherty Middle School or get reassigned to West Middle. Essex Superior Court Judge Salim Tabit is set to hear arguments at 10 a.m. on a preliminary injunction that could freeze the School Committee's contested redistricting plan.
School starts Sept. 2.
If Tabit grants the injunction, the old attendance boundaries remain in place for the 2026-27 school year while the lawsuit continues. If he denies it, the plan known as Scenario MS5 takes effect and South Elementary households shift to West Middle.
What the parents allege
John, Colin and Sean McDonnell sued the town and School Committee in May, then filed a 29-page amended complaint Aug. 4, expanding their case to seven counts. Their central claim: the committee introduced Scenario MS5 publicly for the first time at its March 20, 2025, meeting and voted to adopt it that same night, breaking what the plaintiffs describe as a longstanding practice of giving residents at least seven days to review proposed maps.
The Massachusetts Attorney General's Division of Open Government backed part of that argument in March 2026, finding the committee violated the Open Meeting Law because its March 20, 2025, agenda did not adequately notify the public that a redistricting vote would occur, according to Andover News.
The plaintiffs also allege the vote was rushed because the town's $83,850 contract with redistricting consultant Dillinger Research and Applied Data had reached the end of its funding. They cite a statement then-School Committee Chair Lauren Conoscenti made at the March 20, 2025, meeting while rejecting a request to postpone: "We have exhausted our billable hours with you, Nick."
John McDonnell, who is both a plaintiff and the family's attorney, submitted an affidavit arguing the consultant relied on outdated 2022 enrollment data. A March 2025 presentation used a figure of 253 students for three elementary cohorts; state records showed 234. McDonnell contends the lower number would allow all South Elementary students to remain at Doherty while keeping the school near its 85 percent utilization target.
The town's position
The town has indicated it intends to seek dismissal of the lawsuit, but as of Aug. 10 had not filed a motion to dismiss or responded to the injunction request. The court docket shows all defendants were served by Aug. 7.
Judge Tabit denied the plaintiffs' request for an expedited schedule on Aug. 5, noting at the time that the filing had not included the date school begins and that there appeared to be enough time for the town to respond. That ruling was procedural and not a rejection of the injunction itself.
Committee member enters state race
School Committee member Chris Shepley, who sat on the board during the March 2025 redistricting vote, announced a write-in Republican campaign for the 18th Essex District state representative seat. The Andover Ledger reported his announcement Aug. 13. The district covers Andover, Boxford, North Andover and Tewksbury.
Shepley has not publicly addressed the redistricting case in connection with his campaign.
What's at stake Wednesday
To win the injunction, the McDonnells must show they are likely to prevail on the merits, that they would suffer irreparable harm without it, and that the public interest favors a pause. They argue reassigning students would disrupt peer groups and force travel along Andover and Clark roads, which they characterize as industrial freight corridors with inadequate pedestrian infrastructure. They say the town faces little harm from maintaining the status quo because both middle schools are already operating.
The Wednesday, Aug. 19, hearing at Essex Superior Court is the first time the court will weigh whether the boundary change should be blocked while the case proceeds. No trial date has been set.
