[Vision2020] Breaking News: Judge Does Not Dismiss the MSD Lawsuit

[Sue Hovey]

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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