The lawsuit threatening Moscow School District’s supplemental levy will continue this August after a judge ruled Friday that Moscow dentist Gerald Weitz has standing to bring his complaint.
“I am keenly aware of the urgency of the issue,” Judge John Bradbury during a hearing at the Latah County Courthouse.
Bradbury said the case could have been prolonged if he had ruled there was no standing because an appeal could have pushed the case out by another 18 months.
“I have not taken this lightly,” he said. “This is what I think the law requires.”
The lawsuit began May 3 when Weitz filed a complaint against the Moscow School District alleging the $1.97 million levy increase that was approved by voters in March should be invalid because the ballot language did not meet statutory requirements. He also alleged the original 1992 indefinite levy election failed to meet the state’s legal requirements so the subsequent increase elections of 1995 and 2002 should be invalidated as well.
The Friday morning hearing touched on the arguments, though the parties focused on the issue of standing to determine whether or not to dismiss the case. To have standing in court means there must be a unique or peculiar injury to the plaintiff.
The district’s attorney, Brian Julian of Boise, argued that Weitz did not have a unique injury and that the case should be dismissed. He also alleged that Weitz failed to bring his suit and challenge the election in the manner required by the state.
Weitz’s attorney, Richard Hearn, of Pocatello, argued Weitz has standing as a property owner within the school district.
“The only possible people who could have injury from a tax are the people who pay it,” Hearn said.
Hearn said these are the appropriate people to challenge the actions of the district.
“I can see no one else, if they don’t,” he said.
Julian alluded to the dangers of disenfranchising voters and said it would be “a shame to suggest the voters didn’t know what they were doing.”
“It’s a very, very serious matter, taking away their vote,” he said. “Turning over an election is a dangerous area courts are reluctant to tread on.”
“The voters of Moscow are certainly sophisticated enough to know what an increase means,” Julian added.
Hearn disagreed.
“We’re not trying to disenfranchise voters,” he said. “Our claim is the voters didn’t know what they were voting for.”
At the close of the arguments, Bradbury made his ruling based on precedents set in other cases, his interpretation of Idaho Code, the need for urgency, and his belief that property owners within the district are affected by the levy.
“The role of the courts is to determine whether the laws of our Legislature are complied with … that is the next chore in the lawsuit,” he said.
After the ruling, Julian said the standing issue is a preliminary issue for a very technical area of law where previous Idaho Supreme Court rulings have been inconsistent. He said he thought Bradbury’s ruling was fair.
“Letting it go to the merits to determine this doesn’t bother us,” he said.
Julian immediately filed a motion for a summary judgement. The motion will bring the case back to court Aug. 24 for a hearing without a trial. The judge will review the facts of the case at that time and issue a ruling.
Julian said he plans to ask the judge and the opposing parties for an earlier date because teachers return to school Aug. 27 and the schools open to students Aug. 29.
Superintendent Candis Donicht said the decision to move the case forward to review the merits made sense as a way to avoid a lengthy appeals process.
“We need to have this resolved one way or another so we can proceed,” she said.
Moscow School Board chairwoman Dawn Fazio said there has been a lot of support for the district in the community, but she isn’t ready to think about having to start the levy process from scratch. She said it would be a major process if the entire levy was repealed.
“It’s disappointing that we have to deal with this (lawsuit), but I think the overall impact is going to be positive,” she said. “I don’t have any reservation at all that we will prevail.”