Tamien resident Brett Bymaster, who has spearheaded opposition to placing the school at the vacant 1.4-acre site, filed suit Wednesday against the Santa Clara County Office of Education, the county board of education and Rocketship Education.

The San Jose Unified School District filed suit Feb. 22 against the county office and the county board of education. That suit maintains that the county board does not have the authority to grant a zoning exemption -- a power it says is reserved only for school districts. The board approved the exemption in January, to allow Rocketship to build a K-5 school on the Lick Avenue parcel zoned for light industrial.

In August, the superintendents of 19 schools districts in Santa Clara County signed a letter that also argued that the county school board lacked the authority to approve the zoning exemption.

--Sharon Noguchi, staff