<DIV>Oh good, Moscow will be taxed an additional 1.97 million right at the turn of a recession when they need money the least. </DIV> <DIV> </DIV> <DIV>Perhaps Moscow can tax itself another $2 million and pull itself right into prosperity.</DIV> <DIV> </DIV> <DIV>Best Regards,</DIV> <DIV> </DIV> <DIV>Donovan<BR><BR><B><I>Sue Hovey <suehovey@moscow.com></I></B> wrote:</DIV> <BLOCKQUOTE class=replbq style="PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #1010ff 2px solid">Tom, your video is the one which points to the actual truth. Gerry was <BR>determined to "destroy the district"--his words, not mine. Thanks for <BR>making the point.<BR><BR>Sue H.<BR>----- Original Message ----- <BR>From: "Tom Hansen" <THANSEN@MOSCOW.COM><BR>To: <VISION2020@MOSCOW.COM><BR>Sent: Friday, January 25, 2008 1:16 PM<BR>Subject: [Vision2020] MSD Can Collect Levy Money<BR><BR><BR>> For those of yoiu who do not wish to read the following detailed article<BR>>
concerning Judge Bradbury's decision, I have encapsulated everything into<BR>> a 2-minute, 23-second video at:<BR>><BR>> http://www.youtube.com/watch?v=UeIBz3l1B5U<BR>><BR>> -----------------------------------------------<BR>><BR>>>From today's (January 25, 2008) Moscow-Pullman Daily News -<BR>><BR>> ----------------------<BR>><BR>> School district receives $1.97 million increase passed by voters in March,<BR>> doesn't have to pay Weitz's legal fees<BR>><BR>> By Hadley Rush, Daily News staff writer<BR>><BR>> Friday, January 25, 2008 - Page Updated at 12:00:00 AM<BR>><BR>> Second District Court Judge John Bradbury ruled Thursday that the Moscow<BR>> School District can collect tax money generated from its March 2007<BR>> supplemental levy election.<BR>><BR>> Bradbury also ruled that the school district doesn't have to pay legal<BR>> fees incurred by Moscow dentist Weitz, who filed a lawsuit against
the<BR>> school district in May. Weitz argued that the supplemental levy increase<BR>> amount was invalid because the total amount certified wasn't included on<BR>> the ballots.<BR>><BR>> Bradbury previously ruled in favor of the district in four of five<BR>> allegations made in the lawsuit, but said the way the election ballot was<BR>> framed did not meet the legal standard, and needed to be reworded so the<BR>> levy amount was specifically requested so "voters will know what the<BR>> consequence of their vote is."<BR>><BR>> Bradbury deferred his written ruling at an October hearing and gave the<BR>> district six weeks to correct the language on its 2007 supplemental levy<BR>> ballot - to include both the increase ($1.97 million) and the total amount<BR>> ($7.6 million) certified - and re-run the election.<BR>><BR>> The Moscow School Board reran the election Nov. 13, and 57.7 percent of<BR>> voters supported the
increase.<BR>><BR>> Meanwhile, the Idaho State Tax Commission billed MSD patrons for the $1.97<BR>> million increase to the district's indefinite supplemental levy that<BR>> passed in March, but it was unclear until Thursday when - or if - the<BR>> district would see any of the money after Bradbury declared the March<BR>> election "null and void" in his initial written judgement, filed in<BR>> November.<BR>><BR>> The taxes collected for the school district's March levy election were<BR>> withheld from the district by the Latah County Treasurer's Office subject<BR>> to Bradbury's final ruling.<BR>><BR>> "This is a case of first impression," Bradbury wrote. "The statutory<BR>> scheme is complex. The school district did what it thought was right. Dr.<BR>> Weitz provided a valuable service of clarifying a statute much in need of<BR>> clarity.<BR>><BR>> "Given the novelty of the issues and the mixed result for both parties,
I<BR>> conclude neither party prevailed."<BR>><BR>> Moscow School District Superintendent Candis Donicht said the district is<BR>> happy with the judge's final decision.<BR>><BR>> "Of course the district is pleased with the ruling," Donicht said. "I<BR>> admit I had to read the document several times to fully comprehend the<BR>> issues that the judge went over in his discussion."<BR>><BR>> Donicht said it's important to remember that this was a complex legal case<BR>> because there are few legal guidelines regarding what to do in an<BR>> indefinite supplemental levy lawsuit.<BR>><BR>> "We didn't have good language to identify how one goes about doing an<BR>> increase to an indefinite supplemental levy," she said.<BR>><BR>> Donicht said it's unfortunate the Moscow School District had to be<BR>> involved in one of the first lawsuits regarding indefinite supplemental<BR>> levies, but that it was a problem waiting to
occur.<BR>><BR>> "It was bound to happen somewhere, sometime, and it happened here,"<BR>> Donicht said.<BR>><BR>> Neither Weitz or his attorney, Brian Thie, returned calls seeking comment<BR>> before press time.<BR>><BR>> Latah County Treasurer Connie Jain Ferguson said the district received a<BR>> check for its tax money this morning.<BR>><BR>> "They got their taxes today, because by law Jan. 25 is the apportionment<BR>> date," she said. "We had collected the money ... we were just waiting for<BR>> the judge to rule. This is such an unusual case."<BR>><BR>> Ferguson said her department feels relieved after being at a legal<BR>> standstill for so long.<BR>><BR>> "It's a very nice thing to have taken care of. We're grateful," she<BR>> said. "We hope it turned out well for people. We just needed to know what<BR>> the law was going to tell us to do. The school now has that money to keep<BR>> their operations
flowing."<BR>><BR>> Donicht said it's important to note that there were no winners or losers<BR>> in the suit.<BR>><BR>> "No one prevailed. We got (what) we need to provide the services we need,"<BR>> she said. "This case has been so complicated that I didn't know what to<BR>> expect.<BR>><BR>> "The judge has been sensitive to the fact that this issue has divided a<BR>> community, and (he) stated a number of times in this case that both sides<BR>> were well-meaning and good supporters of public education."<BR>><BR>> Donicht said she still believes the lawsuit was a necessity to reach a<BR>> resolution, and the district hopes it can maintain a congenial<BR>> relationship with Weitz.<BR>><BR>> "We needed a court ruling in order to validate what we believed (to be)<BR>> right was right, and as it turned out we needed correct ballot language to<BR>> properly do so," she said.<BR>><BR>> Donicht said Bradbury ruled
with compassion and looked beyond<BR>> technicalities.<BR>><BR>> "The judge has clearly looked at both sides of this issue," she<BR>> said. "It's always unfortunate when we have to get answers through a<BR>> lawsuit. Now it's over and we can move forward."<BR>><BR>> -----------------------------------------------<BR>><BR>> Seeya round town, Moscow.<BR>><BR>> Tom Hansen<BR>> Moscow, Idaho<BR>><BR>><BR>> ---------------------------------------------<BR>> This message was sent by First Step Internet.<BR>> http://www.fsr.com/<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></BLOCKQUOTE><BR><p> 
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