[Vision2020] Breaking News: Judge Does Not Dismiss theMSDLawsuit

Tom Hansen thansen at moscow.com
Sun Jul 8 06:04:27 PDT 2007


Arnold continues to misinform us:

 

"We live in a constitutional democracy."

 

Wrong, Arnold.  We live in a representative republic, or do you merely mouth
the words to the Pledge of Allegiance without understanding them.

 

"I pledge allegiance to the flag of the United States of America and to the
REPUBLIC [my emphasis] for which it stands, one nation indivisible with
liberty and justice for all."

 

As far as the 1992 levy election being illegal is concerned, perhaps
somebody should ask Dr. Weitz (or you):  If the 1992 levy election was
illegal, why wait fifteen years to file a complaint?

 

I am certain that there is a statute of limitations attached to such a
complaint.  There is a reason why statutes of limitations are in place.
They prevent people from filing complaints years and years later merely
because things aren't going there way.

 

Why doesn't Dr. Weitz follow the example of another local resident and bring
it before the city council (or, more appropriately, the state board of
eduction) and claim religious persecution?

 

Seeya round town, Moscow.

Tom Hansen
Moscow, Idaho

"We're a town of about 23,000 with 10,000 college students. The college
students are not very active in local elections (thank goodness!)."

- Dale Courtney (March 28, 2007) 

  _____  

From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]
On Behalf Of Donovan Arnold
Sent: Saturday, July 07, 2007 9:27 PM
To: Bill London; Sue Hovey; vision2020 at moscow.com; keely emerinemix
Subject: Re: [Vision2020] Breaking News: Judge Does Not Dismiss
theMSDLawsuit

 

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 <mailto:donovanjarnold2005 at yahoo.com>  Arnold 

To: Sue Hovey <mailto:suehovey at moscow.com>  ; vision2020 at moscow.com ; keely
emerinemix <mailto:kjajmix1 at msn.com>  

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:

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 <mailto:kjajmix1 at msn.com>  

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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