Upper West Side parents and elected officials are suing the city and incoming Schools Chancellor Dennis Walcott to stop an elementary charter school from moving into a neighborhood high school building.

The Brandeis Educational Complex already houses four high schools, but parents want to block a plan by the Department of Education to move the Charter Success Academy into the building that currently houses four small high schools on West 84th Street.

The lawsuit, which was filed on Friday, alleges that the DOE violated its own procedures and used inaccurate high school enrollment figures in its proposal.

"When the local community board votes 40-0 against it, the local parents' council votes against it, when local officials are against it, when just about everybody in the neighborhood is against it, and yet it's going to go through, that shows there is a fundamental problem," said Manhattan-Brooklyn Congressman Jerrold Nadler.

Supporters of the suit say the plan will lead to overcrowding and a loss of space for science labs, classrooms and arts programs.

"We do not need an elementary school that will guarantee we can't grow the high schools that we so desperately need," said Manhattan Councilwoman Gale Brewer.

"We have a music room and art room science labs. In short order, those will be lost," said Ric Scherwin, the parent of a high school student.

"It doesn't make sense to put five- and six-year-olds in a high school with teenagers, some as old as 20. It doesn't make sense to spend $500,000 to make a new cafeteria, a separate cafeteria, for these students," said Lisa Speglich, a parent of a high school student. "And it doesn't make sense to take away high school seats and put an elementary school in this building, when there's great demand for high school seats in District 3."

In a statement, a spokesperson for the Success Charter Network says in part, "This is a frivolous lawsuit that seeks to deny the 700 Upper West Side families who applied to Upper West Success Academy access to another great public school in their neighborhood."

"They just don't want the charter school. This is our only location left," said parent Sonji Astorga, the parent of an elementary school student. "If they have a better solution for us to go to another building, and they can go ahead and get it approved, I'll be more than happy to go there. I just want the school -- Upper West Success needs to be in this neighborhood and my daughter needs to go there."

Walcott declined to comment, citing the pending litigation.

Lawyers for the city say they will look over the papers once they arrive.

The first hearing on the suit is scheduled for May 4.