Pinnacle Charter School Denied Temporary Restraining Order

August 28, 2013 Updated Aug 28, 2013 at 1:43 PM EDT

By Mitch Simon

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Pinnacle Charter School Denied Temporary Restraining Order

August 28, 2013 Updated Aug 28, 2013 at 1:43 PM EDT

BUFFALO, N.Y. (WKBW) - In a State Supreme Courtroom Wednesday afternoon, Pinnacle Charter School was denied a requested temporary restraining order after officials announced the school would close before the beginning of the school year.

The New York State Department of Education ordered Pinnacle to close last year because of low test scores. It remained open because of an emergency injunction.

Attorneys plan to argue that test scores have dramatically increased and that the school should not have to close.

Arguments will be heard September 3rd, just one day before the school year is set to begin.