District 39 Responds to Referendum Lawsuit
The district said its "disappointed" with the "meritless" lawsuit.
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A day after a Wilmette resident filed a suit against District 39's board, school officials have fired back, saying they are "disappointed with the filing of [the] meritless" complaint.
In a statement issued Tuesday, the school board said the claim made by Herb Sorock and Taxpayers United of America "has no foundation in fact and will only waste taxpayer money as the District and the Board must defend themselves."
Yesterday, Sorock and TUA filed a lawsuit in Cook County court alleging the wording on the ballot question intentionally misled voters and underestimated the impact on taxpayer wallets. According to the complaint:
The suit alleges the Board and its members knew before the election that the estimated tax increase was understated, but decided to go forward with the referendum regardless. Wilmette and at least nine other school districts understated the property tax increase by failing to include the equalizer applicable to all Cook County property tax bills.
Meanwhile District 39's letter assures that legal advice was followed when writing the ballot to ensure compliance with state laws. District officials went on to write that "it is unfortunate that we must now expend valuable time and money that should be used for the benefit of our students.”
A copy of the full letter accompanies this story.
GrossPoint
6:57 pm on Tuesday, May 17, 2011
There is something quite lame about following legal advice that you know to be wrong.
The ballot stated
*For the 2010 levy year the approximate amount of the additional tax extendable against property containing a single family residence and having a fair market value at the time of the referendum of $100,000 is estimated to be $58.80*
which was known to be false, yet "legal" per some law firm that specializes in obscuring ballot issues.
The real number is 3.3x58.80 or $194.04. Everyone knows this, including Supt. Lechner and the Board....but it was not being presented to the voters....because it is "legal advice".
Perhaps Supt. Lechner could use this as an instruction to our students in ethical governance. Presenting factual information to the voters helps Democracy.
RallyCap
7:34 pm on Tuesday, May 17, 2011
Seriously Sorock?! Are you claiming we're all too stupid to read and understand the language of the Referendum (ironic, given that the referendum funds our schools), or is that you have nothing to do and are the biggest sore loser of all time? Go, get a hobby, and stop wasting our time and money. The final vote tally supports a basic truth that you need to accept, you LOST... by a lot. The village has chosen to support schools. We understood both the language and intent of the Referendum. Your lawsuit serves only yourself and not the village. Shame.
Ken
11:29 am on Wednesday, May 18, 2011
This is ridiculous. They lost, and they lost overwhelmingly. Not even close. Do they seriously believe that voters did not understand what they were voting about?
So now the same people who are complaining that the District spends too much money are making the District WASTE money on legal fees to defend against a frivolous lawsuit. Just shows the hypocrisy. A few neighbors should go over and talk some sense to them. Enough already.
tim
12:41 pm on Wednesday, May 18, 2011
May people were out of town for this vote....only 6k votes? really....what is ridiculous?
You are a parent that has kids in D39...you are thinking of yourself.
tim
12:38 pm on Wednesday, May 18, 2011
Hey Ken....Read the law suite...it is indicated that the board members have to pay for their own defense..or go to the court case...50 W. Washington on the 23rd of May...
The TUA has only lost 34 cases they have taken on in the last 30 years.. They have one 185 cases...so they took the case thinking they would win it...
The district has not approached the teachers union to re work the contracts...
The district decreased spending for 2010 by almost 3m......why was that not done for years....saving us millions....
Listen, this law suit is not against the school district.. It is against wasteful spending....
I have 2 homes in Wilmette, I grew up in Wilmette, since 1985....now I’m moving to Winnetka...This school district is awful...
East Wilmette Resident.....Paying alot more in taxes than anyone in Mekenzie and Romona.....
Wilmette Voter
4:26 pm on Monday, May 23, 2011
I trust you all are following the developments...the judge today dismissed the individual board members "in both their official and individual capacities and such dismissal is with prejudice" Having a hard time not sticking with my original instinct that this suit is indeed a waste of time and $...
Andrea Hart
4:27 pm on Monday, May 23, 2011
Had someone at the hearing today. You can expect an update from us ASAP.