[Vision2020] Stop Passing the Buck on Facilities Lawsuit

Tom Hansen thansen at moscow.com
Fri May 9 12:45:10 PDT 2008


>From today's (May 9, 2008) Moscow-Pullman Daily News -

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OUR VIEW: Stop passing the buck on facilities lawsuit 
By Murf Raquet

There are those who felt the lengthy school facilities lawsuit was settled 
when a district court judge ruled Idaho was constitutionally obligated to 
provide the money to districts to build and maintain safe school 
facilities.

Many held their breath when the inevitable appeal process started and 
finally held out hope when the case went to the state Supreme Court.

Bupkis, nada, zero. That's what Idaho taxpayers received.

Now, a federal judge wants to take another look at his recent ruling in 
the case. His decision will do little to settle the case that's taken too 
long already. 

The lawsuit was filed in the last century and now is 18 years old. Someone 
born the year it was filed would be graduating this spring from one of the 
schools with inadequate facilities.

We don't expect the wheels of justice to spin fast. Thoroughness is 
greatly appreciated, but taking so long to determine how to fix the 
funding problem since the case was decided at the district level is a 
blatant example of buck passing.

In 2005, the case arrived at the state Supreme Court. The justices sided 
with the districts, and most of us thought the case was finally settled 
and lawmakers would set about what they should have been doing for years - 
funding school buildings.

Wrong again. The justices offered no road map to fix the problem.

In June, the districts filed suit against the high court asking for the 
remedy phase in the case.

In February, U.S. District Court Judge B. Lynn Winmill sort of decided in 
favor of the districts when he refused a request by the Supreme Court to 
dismiss the case.

Last week the good judge announced he will reconsider his ruling. He then 
said whatever he decides, the case will end up in the 9th U.S. Circuit 
Court of Appeals.

What began as a question of constitutional interpretation has turned into 
a political hot potato.

Between the courts and the Legislature, the ongoing dispute should be 
settled soon. Idahoans cannot be expected to endure facilities lawsuit, 
the next generation.

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Seeya round town, Moscow.

Tom Hansen
Moscow, Idaho

"People who ridicule others while hiding behind anonymous monikers in chat-
room forums are neither brave nor clever." 

- Latah County Sheriff Wayne Rausch (August 21,
2007)

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