[Vision2020] Breaking News: Judge Does Not Dismiss the MSDLawsuit
Donovan Arnold
donovanjarnold2005 at yahoo.com
Sat Jul 7 21:27:20 PDT 2007
It isn't surprising to me that Bill would vote for a tax increase. However, it is surprising that he would want the results from an illegal election to stand.
We don't live in an absolute democracy. We live in a constitutional democracy. That being, the minority has rights even if Bill doesn't want them to. The minority in this case being property owners.
If the election was legal, the votes should stand. If the election was illegal, I would hope that Bill would want the illegal election to be deemed null and void.
Best,
Donovan
Bill London <london at moscow.com> wrote:
Can the Moscow School District really overturn the results of the recent levy election?
Would it be legal for the district officials to overthrow the vote of the district patrons?
I voted in favor of the levy, and I do not want the district officials to toss out that vote.
BL
----- Original Message -----
From: Donovan Arnold
To: Sue Hovey ; vision2020 at moscow.com ; keely emerinemix
Sent: Saturday, June 30, 2007 8:56 PM
Subject: Re: [Vision2020] Breaking News: Judge Does Not Dismiss the MSDLawsuit
Sue,
I think that it was a victory for the people of Moscow because standing is hard to obtain as a private citizen against the government. In fact, I think it was the hardest segment of this case. To me, and I think most reasonable people, it would seem unfair for the MSD to be able to get a 2/3 vote in 1992 and not have to take another vote till 2992. There should be a limit on how long that vote on tax collection can last. I think every 2-8 years a new vote should be taken. I am willing to bet any reasonable judge will agree.
So this is a big win, because it assures that MSD will likely lose based on the current law and the reasonable assumption that judges will believe there is some type of limit on how long a school district can go before having to seek a 2/3 voter approval for tax collection.
This forces MSD to go to voters, or lose everything. The unfortunate question here is, will MSD administrators rather lose everything or face the voters? I fear that they will not take another vote, they will just let the system go down. I also fear that these recent cuts will not be made fairly and logically but based on personal, political and incompetent decisions of the current MSD administration. Fact is cuts can be made without hurting academic education. However, I think MSD administrators will be sure to make the cuts so they do hurt the children academically as much as possible for political reasons in an vengeful attempt to try and get public support to increase their fat salaries and wasteful government spending habits.
In either case, I believe if MSD administrators actually made a good decision regarding this case for what is in the best interests of students, it would be a first for them in long time.
Best,
Donovan
Sue Hovey <suehovey at moscow.com> wrote:
P { PADDING-RIGHT: 0px; PADDING-LEFT: 0px; PADDING-BOTTOM: 0px; MARGIN: 0px; PADDING-TOP: 0px } BODY { FONT-SIZE: 10pt; FONT-FAMILY: Tahoma } I went to the hearing yesterday, and came out satisfied. All along the lawyers I had talked with said Weitz had standing and they did not think the judge would rule any other way. There was speculation that any other ruling would simply have meant Weitz would appeal and very likely been sustained on appeal. That would have taken lots of time. It really isn't Weitz 1 and MSD 0. The tenor of the hearing and Judge Bradbury's explanation seemed reasonable to me, even though I was hoping for the other outcome, too. Additionally, the summary judgement coming up in August could be the end of it.
Donovan, I am a bit surprised you are so elated. If you had been at the hearing I believe you might not have felt it was a win for Weitz, just a declaration he has the standing to continue. The judge made it very clear several times he was not speaking to the merit of the suit, only to the issue of standing. It will be he who deals with the summary judgement in August. I think the resolution will come on that day. That seemed to be the judge's intent.
One item of interst to me: the Pocatello lawyer hired by Weitz seems to make suits against school districts and cities one of his major efforts. He was quite articulate and referred several times to suits such as these which he had been involved in. Made several of us wonder if his fees might be underwritten by some out-of-state anti tax group. Weitz' local lawyer, Brian Thie, never said a word, although Bradbury gave him the opportunity.
Anyway, on to the August hearing. Cuts have been made in academic programs and I think they plan to increase the fees for participation in sports and other activities, so from his perspective I'm sure Weitz feels happy about this impact for which he can take all the credit.
Sue H.
----- Original Message -----
From: keely emerinemix
To: heirdoug at netscape.net ; vision2020 at moscow.com
Sent: Friday, June 29, 2007 3:58 PM
Subject: Re: [Vision2020] Breaking News: Judge Does Not Dismiss the MSD Lawsuit
Doug writes, "Well, what do you know?" at the news that Judge Bradbury has determined that Jerry Weitz has legal standing to continue his suit against MSD. Snarkiness is presumed.
Well, Doug, here's what I know: This is not the ruling I would have liked, but it means just what it means. That is . . . Weitz has legal standing to continue his suit. That's all. It doesn't mean that the suit itself has merit, and it doesn't mean that Weitz was acting in the best interest of his community. And I know this, Doug: The judge can rule on the former, but not on the latter. And you are unqualified to judge on either.
Now, I'm also not qualified. But from what I know -- likely a bit more than you do -- I think the suit operates on a faulty premise and is insincere in its execution and intent, but I'm willing to let the court judge 'til the end. THE END, Doug, THE END. This isn't it.
keely
"And these women that you spit on as they try to change their worlds/
Are immune to your consultations . . . they're quite aware of what they're going through"
(With apologies to David Bowie)
> To: vision2020 at moscow.com
> Date: Fri, 29 Jun 2007 18:25:58 -0400
> From: heirdoug at netscape.net
> Subject: [Vision2020] Breaking News: Judge Does Not Dismiss the MSD Lawsuit
>
>
>
> Second District Judge John Bradbury determined that Jerry Weitz does
> have standing to bring the lawsuit against Moscow School District. The
> judge did not dismiss the case, as MSD requested.
>
>
>
> Published Friday, June 29, 2007 1:59 PM by Right-Mind
>
>
>
>
>
> Well what do you know, Moscow.
>
>
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