SANDPOINT — A hearing date is set in the legal challenge of the Lake Pend Oreille School District’s $12.7 million indeterminate levy.

A 1st District Court judge is scheduled to take up the matter on March 4. At issue is whether counsel for a voter challenging the levy’s outcome will be allowed to expand its argument that the vote should be nullified because ballots did not contain language outlining the tax impacts.

Stephen Smith, a Sandpoint attorney representing elector Don Skinner, is alternatively asking the court to order a reply to the school district’s answer in the civil suit, which was filed last December.

Smith argues his client should be allowed to amend the complaint in the case in order for Skinner to present to the court all of the reasons why the successful levy should be overturned, according to court documents.

Opponents of the levy contend ballots in the vote were required to disclose the estimated average annual cost to taxpayers as required by state law.

Counsel for the school district maintain that a judgment in favor of the defendants should be entered on the pleadings which have already been filed, court records indicate.

Voters narrowly approved a request to by the school district to make its levy permanent on Nov. 5, 2019. That vote made permanent a $12.7 million supplemental levy approved by voters in March 2019.

The measure passed at just over 51 percent, with 4,256 people voting in favor and 4,034 voting against.

Judge Barbara Buchanan was asked to rule on the competing motions last month although pushed the matter into March to give the court more time to consider the matter.

Idaho Tax Watch, meanwhile, is making hay with the costs that the school district is incurring to defend the lawsuit.

The tax watchdog group contends that LPOSD officials has committed upwards of $60,000 to fighting the challenge.

“The district is quickly losing the trust of the community on this one,” said Idaho Tax Watch spokesman Jason Giddings.

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