[Vision2020] School District Files Legal Response to Lawsuit

Sat May 19 18:43:32 PDT 2007

Ms Mix et al.,

Hey - all I know is on my screen your name says keely emerinemix.

Most of the post to which you refer was tongue-in-cheek.  Sort of the
"here's what the lawyer said" and "here's what it really means is . .
"  Guess you missed the humor, or the attempt.  Let me set the record
straight on one particular statement.

Mr Julian was referring to the bulk of the case as "legal minutiae"
e.g. a minute particular; a small or minor detail.  It doesn't seem
like such a minor detail to me, nor does it to anyone else considering
all the "air time" the issue has been given.  So, I was making a bit
of fun:  "Hey - this is such a small piddly trivial sack of potatoes,"
the "this" being MSD ALLEGEDLY lying in the sense of being dishonest
about the levy.  But the budget is frozen faster than you can say
popsicle.  Hence "MSD lied and the budget died"  A play on words taken
from "Bush lied and people died."??  See how this humor all sort of
fits together??  Maybe you need to join me for a weekend at the Bob
Herodotus Retreat for Grip Getting (yes yes sarcastic boo hiss).

The court will decide if I and others "bear false witness"  (play on
words there Ms Mix?)  You know,  Weitz?  Bear?  Sorry, but if I had to
spell out the "MSD lied blah blah blah . . ."  Was there someone else
about whom I've borne false witness?  You made that implication, so
I'm just asking.

"And if they (MSD) got it wrong,  illegal bond election) I believe it
was inadvertent."

Inadvertent???  INADEVERTENT!?!?!?  After the superintendents
statement (I'm paraphrasing here, but I think the jist is correct) "I
know it (the bond election) was reviewed
thoroughly" and having the high powered attorneys from  Anderson,
Julian and Hull, LLP scrutinize the levy verbage, they still may have
gotten it wrong???

But you may be correct.  At least according to Webster's Revised
Unabridged Dictionary:

Inadvertent \In`ad*vert"ent\, a. [Cf. F. inadvertant. See 2d  In-, and Advert.]
   Not turning the mind to a matter; heedless; careless;
   negligent; inattentive.

I may just buy that!  Moving on . . .

"you (are) a verbal brawler"       I like to toss words around, sure.

"a factious man,"      Question Authority and all that, you know.

"one quick to argue,"     I do play Devil's Advocate at times (I can
hardly WAIT to see where you go with THAT one)

"and a man of insufficiently godly character to hold office in a
Christian church."

Well, I think I have SOME godly character (all the above makes me
ungodly???) but I hold no office in a Christian church, nor any other
church for that matter.  At least none of which I am aware . . .

"And a real ass besides."  I think Mr Herodotus may accuse you of
"being in a downward spiral"

"I know a place where you might feel terribly welcome"  Thanks, but I
have plans for dinner tonight already.

Schwaller

"If you push something hard enough it will fall over"
--Fudds First Law of Opposition

"An inadvertent step may crush the snail That crawls at evening in the
public path." --Cowper

On 5/19/07, keely emerinemix <kjajmix1 at msn.com> wrote:
>
>  I've decided to call you out, Schwaller, every time you bear false witness
> against MSD or anyone else.  I just thought I'd be able to wait a day or so
> . . .
>
> You don't know if "MSD lied."  You don't know if MSD even, inadvertently,
> got it wrong.  I do not believe MSD lied, and I know just a tad more about
> MSD's history since 2002 than you do, I imagine.  And if they got it wrong,
> I believe it was inadvertent.
>
> You, on the other hand, chose to go with what you don't know and what is
> most unfair and dishonest before the facts are out.  That makes you a a
> verbal brawler, a factious man, one quick to argue, and a man of
> insufficiently godly character to hold office in a Christian church.  And a
> real ass besides.
>
> That said, I know a place where you might feel terribly welcome . . . and I
> bet you do, too.
>
> keely
>
>
>
> > Date: Sat, 19 May 2007 11:32:39 -0700
> > From: vpschwaller at gmail.com
> > To: vision2020 at moscow.com
> > Subject: Re: [Vision2020] School District Files Legal Response to Lawsuit
>
> >
> > "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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> > > serving the communities of the Palouse since 1994.
> > > http://www.fsr.net
> > > mailto:Vision2020 at moscow.com
> > > =======================================================
> > >
> >
> > =======================================================
> > 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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