The Beans that Gary didn’t spill

Golly, The District doesn’t seem too eager to have a court decide whether its contract is unlawful. Oh, excuse me. They simply want the decision to be made in the appropriate court. Delay is the last thing on their minds. Maybe that means my deposition will be postponed again as well as our discovery requests.

***MEDIA ADVISORY***

For Immediate Release by ISD 709 on 8-14-09

Questions may be addressed to the counsel for the school district, Susan Torgerson or Tim Palmatier at 612-337-9300.

District Will Take Question of Jurisdiction To Higher Court

This afternoon ISD 709 will ask the Minnesota Court of Appeals to review the question of whether the local Sixth District state court has jurisdiction over a school board action taken several years ago.

The local district court issued a written decision on this issue in the case of Welty et al v. ISD 709 and JCI in July. The motion to dismiss for lack of jurisdiction was denied and became immediately appealable. The school district is now entitled to a higher court review.

The considerable expense of trial preparations should not be undertaken unless it is first made clear that the court has jurisdiction. Minnesota law allows an immediate appeal on this issue because it is fundamental that no trial should occur if the court has no jurisdiction.

Other issues and activity in the case will be on hold while this determination is undertaken by the Court of Appeals.

The School District counsel will file the notice of appeal today. The school’s appeal brief will be due in about thirty days. After other parties have filed briefs, the Minnesota Court of Appeals in St. Paul will schedule and hear oral argument before issuing a written decision.

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