The taxpayer’s attorney Craig Hunter believes that the law is the law. If the law says that it is unreasonable for a local government to approve a contract telling a vendor it will pay them whatever they demanded then legal precedent assures that this stoopidity would be overturned.
There are a lot of important factors for the people of Duluth, the court of public opinion if you will, that the Court of law is not supposed to consider because they are not germane to the issue at law before the court. Here the defendants, JCI and ISD 709, have the advantage on the taxpayers. Because we’ve asked for an injunction until the case is settled in court they can tell the court how much a delay would cost them. They hurriedly told the court they wanted a $10 or $20 million bond if an injunction was issued. That is what they claimed taxpayers could lose due to an injunction.
That was stoopid too. The taxpayers are only asking for a delay on construction for contracts that have not yet been authorized which permits this year’s Homecroft and Lowell construction to continue unimpeded. The Chamber of Commerce’s study showed that only $58 million was going to be spent this year. So at most only about $30 million worth of construction projects would be delayed a couple months from an injunction. How much would a two month delay cost? Certainly not one third or two thirds their total cost.
We have told the court that the in this economic climate some construction bids are being turned in at as much as 30% less than originally estimated. This would mean that even if the Red Plan was permitted to continue major savings could be seen in re-letting bids after the case is settled. Furthermore, by voiding the JCI contract taxpayers could avoid paying the 6% being skimmed off the top by JCI. (Meanwhile JCI keeps hiring new layers of project managers below them to do real work that JCI is ill equipped to do. Bossardt at Denfeld is one example. That explains why this Twin City’s firm contributed to last year’s pro-levy campaign.)
But the biggest savings we could not mention in court would be seen if voters approved a much less grandiose plan. Over two hundred million of additional Red Plan spending will take place over the next two years. If a new school board majority takes over the voters will finally get a chance to express their wishes in a referendum. Let Duluth Vote has finished working with ATS&R on a review and comment on a plan B. This plan will cut at least a hundred million dollars off of costs for taxpayers dwarfing any potential losses due to a court imposed injunction. The Court could not consider this. (and if the Dixon Administration has anything to say about it neither will voters. Once again they are dragging their feet on letting the plan be reviewed by the Minnesota Dept. of Education. See the next post)
But the public can consider this savings. We will finally learn what the public thinks on November third when they have a chance to replace four pro-Red Plan school board members. I have no doubt what the public judgment will be. I just hope some Supreme Ayatollah doesn’t overrule the election.
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