[Vision2020] School District Files Legal Response to Lawsuit

[Glenn Schwaller]

"You can't wait 10 to 15 years to complain about an election.
Elections have to be contested in "a very narrow time frame," (the
district's attorney Brian) Julian said.

It took two weeks for this large legal firm to come up with this defense?

"Julian . . .described the district's response to the lawsuit as
"comprehensive" because it uses all of the statutory and common law
defenses available."

i.e. let's throw everything on the wall and see what sticks?

" Beyond legal minutiae . . ."

MSD lied and the budget died.

"Otherwise allowing deviations from the requirements - like the time
element - would disenfranchise voters, (Julian) said."

So am I correct in this interpretation: contesting the legality of
MSD's actions by deviating from the statutory requirement is different
from the indefinite levy election deviating from the statutory
requirements?  How so?

Spiralling Schwaller


On 5/19/07, 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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