[Vision2020] School District Files Legal Response to Lawsuit

Sat May 19 18:52:44 PDT 2007

Interesting comment from our favorite depressed Wesleyan hymn-writer, Wm. Cowper.  I'll watch where I walk and where I crawl, to be sure.  I'm not sure what brought about the reference, as I have thought much more of cow-pies and lemmings in my dialogue with you than Cowper and gastropods.Beyond that, I doubt that I missed your real points, your condescending lessons in humor and its appreciation notwithstanding.  And as I often do, I invite you to enjoy a cup of coffee with me sometime soon, although I suspect you will decline the invitation.  No worries.  I have the vaguest feeling that we've met before . . . keely emerine (parents' surname) mix (husband's surname)> Date: Sat, 19 May 2007 18:43:32 -0700> From: vpschwaller at gmail.com> To: kjajmix1 at msn.com; vision2020 at moscow.com> Subject: Re: [Vision2020] School District Files Legal Response to Lawsuit> > 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> > > >> > > >> > > >> > > >> > > > =======================================================> > > > 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> > > > =======================================================> > > >> > >> > > =======================================================> > > 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> > > =======================================================> >> > ________________________________> > Change is good. 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