Judge to hear motion to dismiss suit

By Jodi Walker Wednesday, June 27, 2007

MOSCOW - A decision on whether a Moscow citizen has the right to challenge a school levy passed in a general election and applied equally to everyone in the district will be heard Friday.

Second District Judge John Bradbury will hear the motion to dismiss the civil case of Gerald Weitz against the Moscow School District.

Weitz filed a lawsuit against the school district May 3, claiming an increase in the district's permanent levy is illegal. That legal question will not yet be heard.

Instead, the school district wants the case dismissed because "Plaintiff has not alleged that he suffers any injury different from other property owners within the district, or that the district has or will be illegally expending the funds," according to documents filed in court by the district.

The motion to dismiss, filed by the district, claims Weitz has no "peculiar or particular injury." The school district is represented by Brian Julian of Boise.

In response to the motion, Weitz claims he "is directly and personally subject to the assessment of property taxes resulting from the very levies and levy elections challenged in this case."

His attorney writes, "denying standing to Weitz would leave unchallengeable the actions of the school district." Weitz is represented by Brian D. Thie of Moscow.

The larger case is a complaint about the district's levy election. The most recent levy request passed in March with 56 percent in favor.

The levy was a $1.97 million increase, thus raising the permanent levy to $7.57.

Weitz claims the election was invalid because the ballot did not clearly state the dollar amount to be validated. It listed only the $1.97 million, not the total when added to the permanent amount.

He claims all levy elections to increase the permanent levy as far back as 1992 are invalid.

Moscow is the only school district in the region that utilizes a state law allowing districts to declare a levy as permanent after seven consecutive successful levy elections.

Weitz has had a tumultuous relationship with the district. He ran for school board in the '90s, then threatened to resign twice before leaving the board in 2000.

He is a proponent of vocational and skills training. He purchased the old Circle K building on the south side of Moscow in 2002 and leases it to the district for $1. The alternative high school is held in the building.

The next step in the case will be decided pending the outcome of this hearing. A pretrial and scheduling hearing is set for July 23 if the case is not dismissed.

Walker may be contacted at jodiw@lmtribune.com or (208) 743-9600, ext. 275.

Originally published by the Lewiston Tribune