[Vision2020] Breaking News: Judge Does Not Dismiss theMSDLawsuit
J Ford
privatejf32 at hotmail.com
Sat Jul 7 13:47:49 PDT 2007
Knowing Dr. D as well as I do and know the school district personnel as well
as I do - they would NEVER do that unless and/or until the public demanded
they do so. Which I do not see happening.
J :]
>From: "Bill London" <london at moscow.com>
>To: "Donovan Arnold" <donovanjarnold2005 at yahoo.com>, "Sue Hovey"
><suehovey at moscow.com>, <vision2020 at moscow.com>, "keely emerinemix"
><kjajmix1 at msn.com>
>Subject: Re: [Vision2020] Breaking News: Judge Does Not Dismiss
>theMSDLawsuit
>Date: Sat, 7 Jul 2007 12:41:23 -0700
>
>Can the Moscow School District really overturn the results of the recent
>levy election?
>Would it be legal for the district officials to overthrow the vote of the
>district patrons?
>I voted in favor of the levy, and I do not want the district officials to
>toss out that vote.
>BL
> ----- Original Message -----
> From: Donovan Arnold
> To: Sue Hovey ; vision2020 at moscow.com ; keely emerinemix
> Sent: Saturday, June 30, 2007 8:56 PM
> Subject: Re: [Vision2020] Breaking News: Judge Does Not Dismiss the
>MSDLawsuit
>
>
> Sue,
>
> I think that it was a victory for the people of Moscow because standing
>is hard to obtain as a private citizen against the government. In fact, I
>think it was the hardest segment of this case. To me, and I think most
>reasonable people, it would seem unfair for the MSD to be able to get a 2/3
>vote in 1992 and not have to take another vote till 2992. There should be a
>limit on how long that vote on tax collection can last. I think every 2-8
>years a new vote should be taken. I am willing to bet any reasonable judge
>will agree.
>
> So this is a big win, because it assures that MSD will likely lose based
>on the current law and the reasonable assumption that judges will believe
>there is some type of limit on how long a school district can go before
>having to seek a 2/3 voter approval for tax collection.
>
> This forces MSD to go to voters, or lose everything. The unfortunate
>question here is, will MSD administrators rather lose everything or face
>the voters? I fear that they will not take another vote, they will just let
>the system go down. I also fear that these recent cuts will not be made
>fairly and logically but based on personal, political and incompetent
>decisions of the current MSD administration. Fact is cuts can be made
>without hurting academic education. However, I think MSD administrators
>will be sure to make the cuts so they do hurt the children academically as
>much as possible for political reasons in an vengeful attempt to try and
>get public support to increase their fat salaries and wasteful government
>spending habits.
>
> In either case, I believe if MSD administrators actually made a good
>decision regarding this case for what is in the best interests of students,
>it would be a first for them in long time.
>
> Best,
>
> Donovan
>
> Sue Hovey <suehovey at moscow.com> wrote:
> I went to the hearing yesterday, and came out satisfied. All along
>the lawyers I had talked with said Weitz had standing and they did not
>think the judge would rule any other way. There was speculation that any
>other ruling would simply have meant Weitz would appeal and very likely
>been sustained on appeal. That would have taken lots of time. It really
>isn't Weitz 1 and MSD 0. The tenor of the hearing and Judge Bradbury's
>explanation seemed reasonable to me, even though I was hoping for the other
>outcome, too. Additionally, the summary judgement coming up in August could
>be the end of it.
>
> Donovan, I am a bit surprised you are so elated. If you had been at
>the hearing I believe you might not have felt it was a win for Weitz, just
>a declaration he has the standing to continue. The judge made it very
>clear several times he was not speaking to the merit of the suit, only to
>the issue of standing. It will be he who deals with the summary judgement
>in August. I think the resolution will come on that day. That seemed to
>be the judge's intent.
>
> One item of interst to me: the Pocatello lawyer hired by Weitz seems
>to make suits against school districts and cities one of his major efforts.
> He was quite articulate and referred several times to suits such as these
>which he had been involved in. Made several of us wonder if his fees might
>be underwritten by some out-of-state anti tax group. Weitz' local lawyer,
>Brian Thie, never said a word, although Bradbury gave him the opportunity.
>
> Anyway, on to the August hearing. Cuts have been made in academic
>programs and I think they plan to increase the fees for participation in
>sports and other activities, so from his perspective I'm sure Weitz feels
>happy about this impact for which he can take all the credit.
>
> Sue H.
> ----- Original Message -----
> From: keely emerinemix
> To: heirdoug at netscape.net ; vision2020 at moscow.com
> Sent: Friday, June 29, 2007 3:58 PM
> Subject: Re: [Vision2020] Breaking News: Judge Does Not Dismiss the
>MSD Lawsuit
>
>
> Doug writes, "Well, what do you know?" at the news that Judge
>Bradbury has determined that Jerry Weitz has legal standing to continue his
>suit against MSD. Snarkiness is presumed.
>
> Well, Doug, here's what I know: This is not the ruling I would have
>liked, but it means just what it means. That is . . . Weitz has legal
>standing to continue his suit. That's all. It doesn't mean that the suit
>itself has merit, and it doesn't mean that Weitz was acting in the best
>interest of his community. And I know this, Doug: The judge can rule on
>the former, but not on the latter. And you are unqualified to judge on
>either.
>
> Now, I'm also not qualified. But from what I know -- likely a bit
>more than you do -- I think the suit operates on a faulty premise and is
>insincere in its execution and intent, but I'm willing to let the court
>judge 'til the end. THE END, Doug, THE END. This isn't it.
>
> keely
>
>
>
> "And these women that you spit on as they try to change their
>worlds/
> Are immune to your consultations . . . they're quite aware of what
>they're going through"
> (With apologies to David Bowie)
>
>
> > To: vision2020 at moscow.com
> > Date: Fri, 29 Jun 2007 18:25:58 -0400
> > From: heirdoug at netscape.net
> > Subject: [Vision2020] Breaking News: Judge Does Not Dismiss the
>MSD Lawsuit
> >
> >
> >
> > Second District Judge John Bradbury determined that Jerry Weitz
>does
> > have standing to bring the lawsuit against Moscow School District.
>The
> > judge did not dismiss the case, as MSD requested.
> >
> >
> >
> > Published Friday, June 29, 2007 1:59 PM by Right-Mind
> >
> >
> >
> >
> >
> > Well what do you know, Moscow.
> >
> >
> >
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