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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.<br><br>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 . . . <br><br>keely emerine (parents' surname) mix (husband's surname)<br><br><br><br><br><br><br>> Date: Sat, 19 May 2007 18:43:32 -0700<br>> From: vpschwaller@gmail.com<br>> To: kjajmix1@msn.com; vision2020@moscow.com<br>> Subject: Re: [Vision2020] School District Files Legal Response to Lawsuit<br>> <br>> Ms Mix et al.,<br>> <br>> Hey - all I know is on my screen your name says keely emerinemix.<br>> <br>> Most of the post to which you refer was tongue-in-cheek. Sort of the<br>> "here's what the lawyer said" and "here's what it really means is . .<br>> " Guess you missed the humor, or the attempt. Let me set the record<br>> straight on one particular statement.<br>> <br>> Mr Julian was referring to the bulk of the case as "legal minutiae"<br>> e.g. a minute particular; a small or minor detail. It doesn't seem<br>> like such a minor detail to me, nor does it to anyone else considering<br>> all the "air time" the issue has been given. So, I was making a bit<br>> of fun: "Hey - this is such a small piddly trivial sack of potatoes,"<br>> the "this" being MSD ALLEGEDLY lying in the sense of being dishonest<br>> about the levy. But the budget is frozen faster than you can say<br>> popsicle. Hence "MSD lied and the budget died" A play on words taken<br>> from "Bush lied and people died."?? See how this humor all sort of<br>> fits together?? Maybe you need to join me for a weekend at the Bob<br>> Herodotus Retreat for Grip Getting (yes yes sarcastic boo hiss).<br>> <br>> The court will decide if I and others "bear false witness" (play on<br>> words there Ms Mix?) You know, Weitz? Bear? Sorry, but if I had to<br>> spell out the "MSD lied blah blah blah . . ." Was there someone else<br>> about whom I've borne false witness? You made that implication, so<br>> I'm just asking.<br>> <br>> "And if they (MSD) got it wrong, illegal bond election) I believe it<br>> was inadvertent."<br>> <br>> Inadvertent??? INADEVERTENT!?!?!? After the superintendents<br>> statement (I'm paraphrasing here, but I think the jist is correct) "I<br>> know it (the bond election) was reviewed<br>> thoroughly" and having the high powered attorneys from Anderson,<br>> Julian and Hull, LLP scrutinize the levy verbage, they still may have<br>> gotten it wrong???<br>> <br>> But you may be correct. At least according to Webster's Revised<br>> Unabridged Dictionary:<br>> <br>> Inadvertent \In`ad*vert"ent\, a. [Cf. F. inadvertant. See 2d In-, and Advert.]<br>> Not turning the mind to a matter; heedless; careless;<br>> negligent; inattentive.<br>> <br>> I may just buy that! Moving on . . .<br>> <br>> "you (are) a verbal brawler" I like to toss words around, sure.<br>> <br>> "a factious man," Question Authority and all that, you know.<br>> <br>> "one quick to argue," I do play Devil's Advocate at times (I can<br>> hardly WAIT to see where you go with THAT one)<br>> <br>> "and a man of insufficiently godly character to hold office in a<br>> Christian church."<br>> <br>> Well, I think I have SOME godly character (all the above makes me<br>> ungodly???) but I hold no office in a Christian church, nor any other<br>> church for that matter. At least none of which I am aware . . .<br>> <br>> "And a real ass besides." I think Mr Herodotus may accuse you of<br>> "being in a downward spiral"<br>> <br>> "I know a place where you might feel terribly welcome" Thanks, but I<br>> have plans for dinner tonight already.<br>> <br>> Schwaller<br>> <br>> "If you push something hard enough it will fall over"<br>> --Fudds First Law of Opposition<br>> <br>> "An inadvertent step may crush the snail That crawls at evening in the<br>> public path." --Cowper<br>> <br>> On 5/19/07, keely emerinemix <kjajmix1@msn.com> wrote:<br>> ><br>> > I've decided to call you out, Schwaller, every time you bear false witness<br>> > against MSD or anyone else. I just thought I'd be able to wait a day or so<br>> > . . .<br>> ><br>> > You don't know if "MSD lied." You don't know if MSD even, inadvertently,<br>> > got it wrong. I do not believe MSD lied, and I know just a tad more about<br>> > MSD's history since 2002 than you do, I imagine. And if they got it wrong,<br>> > I believe it was inadvertent.<br>> ><br>> > You, on the other hand, chose to go with what you don't know and what is<br>> > most unfair and dishonest before the facts are out. That makes you a a<br>> > verbal brawler, a factious man, one quick to argue, and a man of<br>> > insufficiently godly character to hold office in a Christian church. And a<br>> > real ass besides.<br>> ><br>> > That said, I know a place where you might feel terribly welcome . . . and I<br>> > bet you do, too.<br>> ><br>> > keely<br>> ><br>> ><br>> ><br>> > > Date: Sat, 19 May 2007 11:32:39 -0700<br>> > > From: vpschwaller@gmail.com<br>> > > To: vision2020@moscow.com<br>> > > Subject: Re: [Vision2020] School District Files Legal Response to Lawsuit<br>> ><br>> > ><br>> > > "You can't wait 10 to 15 years to complain about an election.<br>> > > Elections have to be contested in "a very narrow time frame," (the<br>> > > district's attorney Brian) Julian said.<br>> > ><br>> > > It took two weeks for this large legal firm to come up with this defense?<br>> > ><br>> > > "Julian . . .described the district's response to the lawsuit as<br>> > > "comprehensive" because it uses all of the statutory and common law<br>> > > defenses available."<br>> > ><br>> > > i.e. let's throw everything on the wall and see what sticks?<br>> > ><br>> > > " Beyond legal minutiae . . ."<br>> > ><br>> > > MSD lied and the budget died.<br>> > ><br>> > > "Otherwise allowing deviations from the requirements - like the time<br>> > > element - would disenfranchise voters, (Julian) said."<br>> > ><br>> > > So am I correct in this interpretation: contesting the legality of<br>> > > MSD's actions by deviating from the statutory requirement is different<br>> > > from the indefinite levy election deviating from the statutory<br>> > > requirements? How so?<br>> > ><br>> > > Spiralling Schwaller<br>> > ><br>> > ><br>> > > On 5/19/07, Tom Hansen <thansen@moscow.com> wrote:<br>> > > > >From today's (May 19, 2007) Moscow-Pullman Daily News -<br>> > > ><br>> > > ><br>> > ----------------------------------------------------------------<br>> > > ><br>> > > > School district files legal response to lawsuit<br>> > > > MSD outlines defense, seeks dismissal of suit filed by Weitz<br>> > > ><br>> > > > By Kate Baldwin, Daily News staff writer<br>> > > ><br>> > > > Saturday, May 19, 2007 - Page Updated at 12:00:00 AM<br>> > > ><br>> > > > The Moscow School District filed a legal answer Thursday that poses 18<br>> > > > defenses and asks for dismissal of a lawsuit that challenges up to $7.6<br>> > > > million in indefinite supplemental levy funding.<br>> > > ><br>> > > > Moscow dentist Gerald Weitz filed the lawsuit against the district May 3<br>> > in<br>> > > > Latah County District Court. His lawsuit contends that the district's<br>> > > > indefinite levy - approved by voters in 1992 - should be invalid because<br>> > the<br>> > > > election allegedly did not meet the statutory requirements of Idaho law.<br>> > He<br>> > > > also argues that any subsequent levy increases that followed the 1992<br>> > > > election should be invalid. This includes the $1.97 million increase<br>> > that<br>> > > > voters approved March 27.<br>> > > ><br>> > > > The main point of the answer to the lawsuit is simple, said the<br>> > district's<br>> > > > attorney Brian Julian, of Boise-firm Anderson, Julian and Hull, LLP.<br>> > > ><br>> > > > "You can't wait 10 to 15 years to complain about an election," he said.<br>> > > ><br>> > > > Elections have to be contested in "a very narrow time frame," Julian<br>> > said.<br>> > > ><br>> > > > Weitz's suit covers multiple elections from 1992 to 2007 but Julian<br>> > contends<br>> > > > only the 2007 election falls within the state's 40-day requirement for<br>> > > > challenging elections. Even at that, Julian argues that Weitz may not<br>> > have<br>> > > > met the state's requirements because he alleges that Weitz didn't use<br>> > the<br>> > > > proper statute to contest the election.<br>> > > ><br>> > > > "This is a very technical area of law," said Julian, who described the<br>> > > > district's response to the lawsuit as "comprehensive" because it uses<br>> > all of<br>> > > > the statutory and common law defenses available.<br>> > > ><br>> > > > Julian said the Legislature has created certain methods to contest<br>> > elections<br>> > > > but a person has to strictly comply with every requirement in order to<br>> > do<br>> > > > so. Otherwise allowing deviations from the requirements - like the time<br>> > > > element - would disenfranchise voters, he said.<br>> > > ><br>> > > > Voting "is perhaps our most fundamental right that we enjoy as<br>> > citizens," he<br>> > > > said. "It is an interesting thing No one likes to have their vote thrown<br>> > out<br>> > > > in any manner."<br>> > > ><br>> > > > Beyond legal minutiae, Julian disagrees with the premise of the suit.<br>> > > ><br>> > > > "We believe the bond election was absolutely properly put before the<br>> > public<br>> > > > and there is nothing inherently wrong with the method used," he said.<br>> > > ><br>> > > > Julian said the district's defense focuses mainly on opposing the<br>> > > > injunction, claiming different statutory defenses and raising the<br>> > question<br>> > > > of whether Weitz had appropriate standing to bring the lawsuit.<br>> > > ><br>> > > > Weitz did not return repeated calls seeking comment. His attorney, Brian<br>> > > > Thie, of Moscow, could not be reached for comment.<br>> > > ><br>> > > > In other developments, the school district has frozen its budget while<br>> > the<br>> > > > legal proceedings edge forward. A court date has not yet been set,<br>> > although<br>> > > > Julian expects the case to move forward on a rapid trial schedule.<br>> > > ><br>> > > > Julian said he's waiting for the assignment of a new judge after Latah<br>> > > > County District Court Judge John Stegner recused himself from the case<br>> > late<br>> > > > Thursday.<br>> > > ><br>> > > > Though community members have begun asking about the possibility of<br>> > > > mediation, Julian said he didn't expect it to happen.<br>> > > ><br>> > > > "I don't think this is the type of case where mediation would really<br>> > work,"<br>> > > > he said.<br>> > > ><br>> > > > Julian said there have been no discussions of it, but the lawsuit has<br>> > just<br>> > > > started.<br>> > > ><br>> > > ><br>> > ----------------------------------------------------------------<br>> > > ><br>> > > > Seeya round town, Moscow.<br>> > > ><br>> > > > Tom Hansen<br>> > > > Moscow, Idaho<br>> > > ><br>> > > ><br>> > > ><br>> > > ><br>> > > > =======================================================<br>> > > > List services made available by First Step Internet,<br>> > > > serving the communities of the Palouse since 1994.<br>> > > > http://www.fsr.net<br>> > > > mailto:Vision2020@moscow.com<br>> > > > =======================================================<br>> > > ><br>> > ><br>> > > =======================================================<br>> > > List services made available by First Step Internet,<br>> > > serving the communities of the Palouse since 1994.<br>> > > http://www.fsr.net<br>> > > mailto:Vision2020@moscow.com<br>> > > =======================================================<br>> ><br>> > ________________________________<br>> > Change is good. 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