[Vision2020] Because That's What Big Boys and Girls Do, Arnold , LIE??
Paul Rumelhart
godshatter at yahoo.com
Sat May 19 11:00:28 PDT 2007
You have more faith that frivolous lawsuits will be found to be
frivolous and thrown out of court than the Moscow School District
apparently does. Myself, I'd be sure to cut back on expenses if I
feared that a monetary judgement might be awarded against me despite the
fact that I'm innocent. I can always go wantonly throw my money away in
a fit of conspicuous consumption *after* I've won the suit.
Paul
Donovan Arnold wrote:
>
> The news isn't new Hansen, but the action still remains unexplained.
> If the suit is so warrant-less and frivolous, as is claimed by you and
> MSD Administrators, why bother with the freeze at all? You wouldn't
> stop feeding your wife if someone sued you on a frivolous charge
> and you knew and believed you would easily win? I sure wouldn't change
> my lifestyle on something that I knew was not serious.
>
> If MSD froze assets by choice, causing "Great Harm" to the children,
> one would think the only reason they would is because they believed
> that there was a legitimate chance of a win by Weitz. Weitz would only
> have a strong chance of winning if he had a strong legal argument.
> Otherwise our only conclusion would be that they are freezing assets
> for the purpose of only pressuring teachers and students and others
> involved to use the public to win the case rather than the legal
> merits of the case.
>
> I want to believe that MSD would never cause "great harm" to children
> for the purposes of politics. In order to do so, I must conclude they
> seriously believe that they may have broken the law in the collection
> of taxes from the people of Moscow and Latah.
>
> Best,
>
> Donovan
>
>
>
> */Tom Hansen <thansen at moscow.com>/* wrote:
>
> The Moscow School District has frozen its budget (and put several
> teachers on notice, I might add) as a precautionary measure,
> should Dr. Weitz' hissy fit be successful.
>
> This has been explained several times right here on the Viz. It
> is what big boys and girls do, Arnold, when the possibility exists
> that the money they were promised (in this case, by the people of
> Moscow) might not be realized.
>
> On May 25 many teachers' contracts are up for renewal. As a
> matter of precaution . . .
>
> Why does this sound like old news to everybody but Arnold?
>
> Seeya round town, Moscow.
>
> Tom Hansen
> Moscow, Idaho
>
> "I think one of the best ways to support education is to make
> successful private schools like Logos prosper through tax exemption."
>
> - Donovan Arnold (July 11, 2005)
> ------------------------------------------------------------------------
> *From:* Donovan Arnold [mailto:donovanjarnold2005 at yahoo.com]
> *Sent:* Saturday, May 19, 2007 9:14 AM
> *To:* Tom Hansen; Vision 2020
> *Subject:* Why did MSD freeze its budget???
>
> "In other developments, the school district has frozen its budget
> while the legal proceedings edge forward."
>
> If MSD is so certain that it was correct in how it collects its
> revenue as being legal, why would it do something so harsh as to
> freeze "its budget while the legal proceedings edge forward." They
> are not required to do this by law. Why would they damage kids
> like this for every little meritless lawsuit filed against them?
>
> The fact appears to me, that MSD has chosen to fire teachers and
> make life hard on the students unnecessarily.
>
> Best,
>
> Donovan
>
> */Tom Hansen <thansen at moscow.com>/* wrote:
>
> >From today's (May 19, 2007) Moscow-Pullman Daily News -
>
> ----------------------------------------------------------------
>
> School district files legal response to lawsuit
> MSD outlines defense, seeks dismissal of suit filed by Weitz
>
> By Kate Baldwin, Daily News staff writer
>
> Saturday, May 19, 2007 - Page Updated at 12:00:00 AM
>
> The Moscow School District filed a legal answer Thursday that
> poses 18
> defenses and asks for dismissal of a lawsuit that challenges
> up to $7.6
> million in indefinite supplemental levy funding.
>
> Moscow dentist Gerald Weitz filed the lawsuit against the
> district May 3 in
> Latah County District Court. His lawsuit contends that the
> district's
> indefinite levy - approved by voters in 1992 - should be
> invalid because the
> election allegedly did not meet the statutory requirements of
> Idaho law. He
> also argues that any subsequent levy increases that followed
> the 1992
> election should be invalid. This includes the $1.97 million
> increase that
> voters approved March 27.
>
> The main point of the answer to the lawsuit is simple, said
> the district's
> attorney Brian Julian, of Boise-firm Anderson, Julian and
> Hull, LLP.
>
> "You can't wait 10 to 15 years to complain about an election,"
> he said.
>
> Elections have to be contested in "a very narrow time frame,"
> Julian said.
>
> Weitz's suit covers multiple elections from 1992 to 2007 but
> Julian contends
> only the 2007 election falls within the state's 40-day
> requirement for
> challenging elections. Even at that, Julian argues that Weitz
> may not have
> met the state's requirements because he alleges that Weitz
> didn't use the
> proper statute to contest the election.
>
> "This is a very technical area of law," said Julian, who
> described the
> district's response to the lawsuit as "comprehensive" because
> it uses all of
> the statutory and common law defenses available.
>
> Julian said the Legislature has created certain methods to
> contest elections
> but a person has to strictly comply with every requirement in
> order to do
> so. Otherwise allowing deviations from the requirements - like
> the time
> element - would disenfranchise voters, he said.
>
> Voting "is perhaps our most fundamental right that we enjoy as
> citizens," he
> said. "It is an interesting thing No one likes to have their
> vote thrown out
> in any manner."
>
> Beyond legal minutiae, Julian disagrees with the premise of
> the suit.
>
> "We believe the bond election was absolutely properly put
> before the public
> and there is nothing inherently wrong with the method used,"
> he said.
>
> Julian said the district's defense focuses mainly on opposing the
> injunction, claiming different statutory defenses and raising
> the question
> of whether Weitz had appropriate standing to bring the lawsuit.
>
> Weitz did not return repeated calls seeking comment. His
> attorney, Brian
> Thie, of Moscow, could not be reached for comment.
>
> In other developments, the school district has frozen its
> budget while the
> legal proceedings edge forward. A court date has not yet been
> set, although
> Julian expects the case to move forward on a rapid trial schedule.
>
> Julian said he's waiting for the assignment of a new judge
> after Latah
> County District Court Judge John Stegner recused himself from
> the case late
> Thursday.
>
> Though community members have begun asking about the
> possibility of
> mediation, Julian said he didn't expect it to happen.
>
> "I don't think this is the type of case where mediation would
> really work,"
> he said.
>
> Julian said there have been no discussions of it, but the
> lawsuit has just
> started.
>
> ----------------------------------------------------------------
>
> Seeya round town, Moscow.
>
> Tom Hansen
> Moscow, Idaho
>
>
>
>
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