[Vision2020] [Bulk] Re: Weitz Lawsuit: A Challenge

J Ford privatejf32 at hotmail.com
Sat May 12 22:29:47 PDT 2007


For any attorneys out there:

What about asking for a "judicial opinion" or judicial review" of the facts 
as presented by the interested parties?  Does Idaho have such an option or 
would a judge(s) be willing to do this?  How about the AG looking at the 
"facts" and issuing an opinion?  If those come back negatively opinoned, 
wouldn't that at least be a "warning" to other potential filers?


J  :]





>From: Paul Rumelhart <godshatter at yahoo.com>
>To: "'vision2020'" <vision2020 at moscow.com>
>Subject: Re: [Vision2020] [Bulk] Re:  Weitz Lawsuit: A Challenge
>Date: Sat, 12 May 2007 22:18:04 -0700
>
>This is a good point.
>
>I'm definitely not a lawyer, but I don't see how two parties mediating over 
>this could in any way affect the ability of an unrelated third party to 
>file the same lawsuit.  The people involved simply don't have that right.  
>The only way I could see future lawsuits being blocked is if this was 
>dismissed by a judge.  Even then, a somewhat similar but different suit 
>could still be brought.
>
>I can understand the wish for this not to happen again by involved parties, 
>but people who feel aggrieved by this do have the right to take MSD to 
>court.
>
>Paul
>
>g. crabtree wrote:
>>Tom,
>>I'm not sure I understand the concept of mediation. Assume that MSD and 
>>Dr. Weitz reach some understanding through this process. Without a 
>>determination by the courts as to the legality of the previous levy's, 
>>what would stop another concerned party from taking the matter up where 
>>Weitz leaves off?  g
>>
>>     ----- Original Message -----
>>     *From:* Tom Ivie <mailto:the_ivies3 at yahoo.com>
>>     *To:* 'vision2020' <mailto:vision2020 at moscow.com>
>>     *Cc:* cdonicht at sd281.k12.id.us <mailto:cdonicht at sd281.k12.id.us>
>>     *Sent:* Saturday, May 12, 2007 2:21 PM
>>     *Subject:* Re: [Vision2020] Weitz Lawsuit: A Challenge
>>
>>     How about using Palouse Center for Conflict Management, Inc. to
>>     facilitate it, they do mediation.
>>     The Center is at 906 N. Almon Street, Suite A. More information
>>     may be found on the website at http://www.geocities.com/pccmdrc/
>>     or by calling 882-2352. pccmdrc at yahoo.com <mailto:pccmdrc at yahoo.com>
>>
>>     */"B. J. Swanson" <bjswan at moscow.com <mailto:bjswan at moscow.com>>/*
>>     wrote:
>>
>>         Dr. Donicht, Dr. Weitz, Visionaries,
>>                  I'd like to propose a school project.  The project will 
>>be to
>>         settle the Weitz lawsuit within the next 60 days.  The outcome
>>         to be:
>>
>>
>>             * Doing what's right
>>             * Doing what's best for public education in Moscow
>>             * Doing what's best for all of Moscow
>>             * Settle this dispute in the most expeditious and least
>>               expensive way possible
>>
>>                  Keeping these points in mind, arrange a face to face 
>>meeting
>>         (mediation) between Candice Donicht and Gerald Weitz with some
>>         ground rules:
>>
>>
>>             * No attorneys allowed
>>             * A neutral facilitator will be present to allow equal
>>               time for each side, enforce respectful behavior and keep
>>               both sides focused on the project
>>             * Both sides agree to listen and park egos and arrogance
>>               at the door; no grandstanding
>>             * Commit to work toward a solution
>>
>>                  From this meeting, there will probably be clarification
>>         needed.  Fighting it out in court could take years, cost many
>>         thousands of dollars and be very devastating to the school
>>         system, children and Moscow as a whole.  Instead, come up with
>>         a list of written points.  Ask the Idaho State Tax Commission
>>         and the Idaho Attorney General to issue an opinion on the
>>         points.  Agree to abide by their findings.
>>                  Possible outcomes could be:
>>
>>
>>             * All of the levies are valid
>>                   o The levies in question were all approved by a
>>                     majority of voters
>>                   o The levies will stand and no further action needs
>>                     to be taken
>>
>>
>>
>>             * The levies were not legal and will be rolled back
>>                   o The school district should immediately propose a
>>                     legally worded levy and ask the voters to approve
>>                     at the next possible school election date
>>
>>                  It is very unfortunate that this issue has risen to this
>>         level.  It is embarrassing to Moscow and certainly sends the
>>         wrong message to anyone wanting to live or establish a
>>         business in our community.  It hurts to hear others say Moscow
>>         is anti-business.  Now they can say we are anti-education too.
>>                  Moscow is a great place.  In Boise you will hear that if
>>         Moscow could convert brain-power to electricity, there would
>>         never be an energy problem here.  However, brain-power
>>         obviously didn't convert to doing the right thing, being
>>         respected leaders and responsible adults with the best
>>         interest of the community in mind.  Bullying, failing to
>>         communicate, sticking heads in the sand when threatened just
>>         leads to disaster.  This is not being good role models for the
>>         children you claim to be protecting.                  Can we do 
>>the right thing, fix this now, learn from our
>>         mistakes and move on?
>>                  B. J. Swanson
>>                                             
>>=======================================================
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>>
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>>  List services made available by First Step Internet,  serving the 
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>>                                 mailto:Vision2020 at moscow.com
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>


>=======================================================
>  List services made available by First Step Internet,
>  serving the communities of the Palouse since 1994.
>                http://www.fsr.net
>           mailto:Vision2020 at moscow.com
>=======================================================

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