Judge allows lawsuit against school levy

MOSCOW – A lawsuit challenging the Moscow School District’s levy will be allowed to continue, a judge has ruled.

Second District Court Judge John Bradbury ruled Friday that Moscow dentist Gerald Weitz has standing as a taxpayer to bring his complaint against the district.

Weitz filed a lawsuit May 3 in Latah County District Court contending that an indefinite levy approved by voters in 1992 should be invalid because it did not meet the statutory requirements of Idaho law.

Weitz also said levy increases that followed the 1992 election are invalid. That would include a $1.97 million increase approved March 27 by voters.

The school district’s attorney, Brian Julian of Boise, argued the lawsuit should be thrown out because Weitz did not have a unique injury, and that he failed to challenge the 1992 election according to state guidelines.

But Weitz’s attorneys argued that he had standing to bring the suit as a property owner in the school district, and was therefore paying for the levy.