Moncton High students and staff will remain at the old school until construction of the new school opens in 2014. (CBC)

Four concerned citizens are taking legal action against the provincial government’s decision to relocate Moncton High School to the outskirts of the city from downtown.

They filed papers with the Court of Queen's Bench last Thursday, asking for a judicial review of the decision to replace the 77-year-old school with a new building in the Royal Oaks subdivision.

The citizens contend the provincial government is in violation of the Community Planning Act by putting the school outside the serviceable boundaries of the city and are asking the court to quash the decision.

They also want all of the information the government used to make the decision to put the school in Royal Oaks.

“This is obviously a timely issue,” said Scott Agnew, one of the applicants and vocal opponent of the move as spokesman for a group called Royal Hoax.

'We expect we'll be in there within the next few weeks, I think, at the extreme latest.'—Scott Agnew, applicant

“We know they're already doing ground prep work at the site so really every day that goes by they're putting more money into the site so we obviously want to take care of this quickly,” he said.

“The courts are normally pretty sensitive to that, so we expect we'll be in there within the next few weeks, I think, at the extreme latest. Ideally, it might even be sooner than that.”

Legal action last resort

Citizens have requested the new school be located closer to the city’s downtown.

Agnew said they have tried rallies and petitions, but have been unable to schedule any discussions with the provincial government.

Legal action seemed like the only option, he said.

"It really is a sad day when citizens have to sue their own government just to be listened to, just to be heard. I find that sad — a sad statement on the state of democracy in our country right now."

The former city council also spoke out against moving the high school to the Royal Oaks location. Council members and the chairman of the District Education council all called for a public meeting with the provincial government to discuss the new location.

The Opposition Liberals have also slammed the provincial government on various aspects of the Moncton High controversy, including the location and costs.

The new school is scheduled to open in 2014, a year later than scheduled due to construction delays.

The estimated 1,300 students and staff will remain at the old school until the new building is ready, officials have said.

The new school was announced in February, 2011. The provincial government says it scouted more than 20 potential sites before choosing Royal Oaks in July, 2011.