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<DIV>Keely,</DIV>
<DIV> </DIV>
<DIV>Mr. Schwaller has promoted himself as a retired academician and
researcher.</DIV>
<DIV> </DIV>
<DIV>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.</DIV>
<DIV> </DIV>
<DIV>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:</DIV>
<DIV> </DIV>
<DIV>
<DIV><FONT face=Arial color=#0000ff size=2>"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."</FONT></DIV></DIV>
<DIV> </DIV>
<DIV>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<STRONG><FONT color=#ff0000 size=5>****</FONT></STRONG>, but also failed
to castigate Crabtree for such name-calling/juvenile tactics.
Hmmm.</DIV>
<DIV> </DIV>
<DIV>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.</DIV>
<DIV> </DIV>
<DIV>W.</DIV>
<DIV> </DIV>
<DIV><STRONG><FONT color=#ff0000 size=5>****</FONT></STRONG>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.</DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV>----- Original Message -----
<DIV>From: "Glenn Schwaller" <<A
href="mailto:vpschwaller@gmail.com">vpschwaller@gmail.com</A>></DIV>
<DIV>To: "keely emerinemix" <<A
href="mailto:kjajmix1@msn.com">kjajmix1@msn.com</A>>; <<A
href="mailto:vision2020@moscow.com">vision2020@moscow.com</A>></DIV>
<DIV>Sent: Saturday, May 19, 2007 6:43 PM</DIV>
<DIV>Subject: Re: [Vision2020] School District Files Legal Response to
Lawsuit</DIV></DIV>
<DIV><BR></DIV>> 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
<<A href="mailto:kjajmix1@msn.com">kjajmix1@msn.com</A>>
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: <A
href="mailto:vpschwaller@gmail.com">vpschwaller@gmail.com</A><BR>>> >
To: <A href="mailto:vision2020@moscow.com">vision2020@moscow.com</A><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 <<A
href="mailto:thansen@moscow.com">thansen@moscow.com</A>> 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>>> > >
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