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The Daily Interlake Online Edition |
| Saturday October 11, 2003 |
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Local College lawsuit settled
By Scott Crandell
A tentative settlement was reached Friday in a lawsuit that had blocked Flathead Valley Community College's $15.8 million expansion plan.
No details of the settlement were released, although it would allow the college to sell bonds approved by voters last year. College President Jane Karas and board chairman Bob Nystuen signed the settlement agreement Friday. It must still be ratified by the college board of trustees, which meets Monday morning. Karas said the three people who sued the college challenging the bond election also signed the agreement. "The parties worked together to reach a settlement agreement that would be in the best interests of the public," Karas said. "This settlement will allow the college to meet the growing demands of our community." The settlement avoids a jury trial over the election dispute. The lawsuit, filed in February by Donna Barker Thornton, Donald R. Burns Sr. and William Fratt, aimed to void last December's election in which voters approved bonds to expand the college. Contacted Friday night, Thornton had no comment on the settlement. Attorneys Thomas Orr and Jamie McKittrick represented the plaintiffs. The dispute erupted from a mistake made by the county election office in removing 15,000 names from the voter list provided to the college for its mail-in ballot election. As required by law, the election office purged those who didn't vote in the last general election. However, the voters didn't receive the two notices mandated by law. Most of the major issues raised in the lawsuit grew from the college's decision to make a second mailing of ballots to the 15,000 excluded voters. The return date for ballots Ñ and therefore the election itself Ñ was extended from Dec. 12 to Dec. 23 to give those excluded voters time to send in ballots. The citizen group filed the lawsuit to void the election based on provisions of Montana law requiring all ballots to go out in one mailing as well as requirements to follow the election plan filed with the Secretary of State's office. Efforts by the college to have the lawsuit dismissed were rejected by District Judge Kim Christopher. Christopher ruled in August that the lawsuit had enough merit to warrant a jury trial. That led to negotiations to settle the case short of a trial, which could involve long delays and further set back bond sales and construction at the college. According to Nystuen, "The hard work and negotiations on behalf of all parties puts an end to what could have been prolonged and costly litigation."
10/11/2003
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