District wants ‘92 levy lawsuit dismissed

MOSCOW, Idaho – The Moscow School District has asked that a lawsuit challenging an indefinite levy approved by voters in 1992 be dismissed because the election was too long ago for its results to be contested.

“You can’t wait 10 to 15 years to complain about an election,” Brian Julian, an attorney for the school district, told the Moscow-Pullman Daily News.

The levy is worth up to $7.6 million to the school district, which filed its response Thursday.

“We believe the bond election was absolutely properly put before the public and there is nothing inherently wrong with the method used,” he said.

Gerald Weitz, a Moscow dentist, filed a lawsuit May 3 in Latah County District Court contending that the levy should be invalid because it did not meet the statutory requirements of Idaho law.

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

The lawsuit includes elections from 1992 to 2007. But Julian said only the most recent election falls within the 40-day deadline for challenging an election.

Of the challenge to that election, though, Julian said Weitz did not use the proper statute to contest it.

“This is a very technical area of law,” said Julian.

Julian argued allowing deviations from legal requirements and overturning elections would disenfranchise voters.

“No one likes to have their vote thrown out in any manner,” he said.

In its response to the lawsuit, the district also questioned whether Weitz has standing to bring the lawsuit in the first place.

Brian Thie, Weitz’s attorney, did not immediately return a call Saturday.

Meanwhile, the school district has frozen its budget until the legal dispute is resolved.

A court date has not been set, but Julian said the case would likely move forward quickly.