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Judge dismisses WBCSD map suit

KEITH KINNAIRD | Hagadone News Network | UPDATED 5 years, 2 months AGO
by KEITH KINNAIRD
News Editor | October 30, 2019 1:00 AM

SANDPOINT — First District Judge Lansing Haynes dismissed on Tuesday Bonner County Clerk Michael Rosedale’s complaint for declaratory relief over dueling West Bonner County School District trustee zone boundaries.

Haynes ruled from the bench that Rosedale lacked standing to bring the action, although Haynes said he appreciated Rosedale’s fidelity to his oath of office and constitutional duties.

“There’s simply not a justiciable issue before the court,” Haynes said.

The controversy emerged last month, after the school district’s election was already underway. The school district provided the county with a new trustee map for zones 1 and 5, the boundaries of which would have dimmed out the candidacy of Todd Sudick, who is running unopposed for the Zone 5 seat, and Lesa Souza, who is a contested race for Zone 1.

The county opted to proceed with the old map controlling the election while it sought a judicial ruling on the matter.

However, the school district said it did not oppose use of the old map or the candidacy of Sudick or Souza.

James Stoll, the district’s counsel, said neither Sudick nor Souza actually suffered injury and if they did, they would have standing to bring legal action if they so chose.

There was concern that the election outcomes would be disregarded and the school district would pick new trustees even if the two candidates prevailed.

“That’s all based on speculation,” said Stoll, who participated in the hearing via speakerphone.

Mauricio Cardona, who represented the county in the matter, disputed that controversy did not exist.

“Right now, there is uncertainty,” Cardona argued.

Haynes said it was speculative that changing maps in the middle of the election would diminish participation and faith in the elections process. Moreover, Haynes ruled that school boards ultimately determine who is qualified to serve as a trustee.

“There’s no subject matter before the court,” said Haynes, who granted the school district’s motion to dismiss the action.

In a news release issued after Haynes’ ruling, Rosedale said the school district insisted that the new map be used, but changed its position after the complaint was filed and conceded that the map the candidates declared under was the map to be used in the election.

“The clerk is pleased that the school district came to agree with his position that the map used by the candidates to declare their candidacy is the correct map to the control the elections, and that the claims for relief he requested were conceded by the school district. The clerk is also pleased that Judge Lansing Haynes issued a quick ruling on this matter, saving the taxpayers the cost of protracted litigation,” Rosedale said in the statement.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.

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