<html>
<head>
<style>
P
{
margin:0px;
padding:0px
}
body
{
FONT-SIZE: 10pt;
FONT-FAMILY:Tahoma
}
</style>
</head>
<body>
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 . . . <br><br>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.<br><br>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.<br><br>That said, I know a place where you might feel terribly welcome . . . and I 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>> "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>> > 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 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 the<br>> > election allegedly did not meet the statutory requirements of Idaho law. 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 that<br>> > voters approved March 27.<br>> ><br>> > The main point of the answer to the lawsuit is simple, said the 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 said.<br>> ><br>> > Weitz's suit covers multiple elections from 1992 to 2007 but Julian 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 have<br>> > met the state's requirements because he alleges that Weitz didn't use 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 all of<br>> > the statutory and common law defenses available.<br>> ><br>> > Julian said the Legislature has created certain methods to contest elections<br>> > but a person has to strictly comply with every requirement in order to 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 citizens," he<br>> > said. "It is an interesting thing No one likes to have their vote thrown 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 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 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 the<br>> > legal proceedings edge forward. A court date has not yet been set, 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 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 work,"<br>> > he said.<br>> ><br>> > Julian said there have been no discussions of it, but the lawsuit has just<br>> > started.<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 /><hr />Change is good. See what's different about Windows Live Hotmail. <a href='www.windowslive-hotmail.com/learnmore/default.html?locale=en-us&ocid=RMT_TAGLM_HMWL_reten_changegood_0507' target='_new'>Check it out!</a></body>
</html>