[Vision2020] School District Files Legal Response to Lawsuit
Art Deco
deco at moscow.com
Sat May 19 20:54:42 PDT 2007
Keely,
Mr. Schwaller has promoted himself as a retired academician and researcher.
One would expect that such a person would be not only fair but acutely observant. He has castigated some of us for our name calling and other similar tactics. I am sure that it has not escaped your notice that except for references to Gerald Weitz, his concrete examples were of the uses of "Cultmaster" to reference Douglas Wilson and "No Saints Around" to reference New Saint Andrews.
However, notice what happens when one of NSA's and Cultmaster's Wilson very ardent, vocal, and acutely frustrated supporters, Gary Crabtree, writes on another subject:
"This from a former president so hated that cute cuddly bunnies would swim rivers in desperate kamikaze assassination attempts. One thing ya gotta give to G.W. at least small furry forest creatures don't want him whacked."
Mr. Schwaller fails to point Crabtree not only failed to meet a single argument presented in the article which provoked Crabtree's most interesting outburst****, but also failed to castigate Crabtree for such name-calling/juvenile tactics. Hmmm.
I wonder if the relationship denoted by the word "occupancy" could be used to describe the tie-in between Schwaller and Wilson (and Shirley Pissoff, Edna Wilmington, Pennsylvania Station, etc). Of course, hints to the answer to this fascinating conjecture can be found by those privy to the allegedly "secret" algorithm that Google Mail uses to encode the unique message ids of each gmail.
W.
****Disclaimer: There is absolutely no, repeat no, intention by the author of this post to insinuate that Crabtree had been busily engaged in heartily enhancing the bottom line of the Keystone Division of Coors Brewing, Inc., for several hours just prior to writing the above reference quote.
----- Original Message -----
From: "Glenn Schwaller" <vpschwaller at gmail.com>
To: "keely emerinemix" <kjajmix1 at msn.com>; <vision2020 at moscow.com>
Sent: Saturday, May 19, 2007 6:43 PM
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. See what's different about Windows Live Hotmail. Check it
>> out!
>
> =======================================================
> 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
> =======================================================
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/pipermail/vision2020/attachments/20070519/b6d535a0/attachment-0001.html
More information about the Vision2020
mailing list