From Deseret News archives:
Suit over high school boundaries is dismissed
Judge says decision has been made, so the litigation is moot
A 2nd District judge in Farmington said the resolution has rendered the civil lawsuit "moot."
In a ruling released Tuesday, Judge Michael Allphin dismissed the lawsuit but said the court was justified in issuing a restraining order preventing use of any information gathered by the boundary advisory committee last fall.
Randall Edwards, attorney for the Davis group who sued the district, said he is not complaining about the decision but had hoped for a broader ruling that could set precedence for future issues.
Davis School District leaders agreed, saying the ruling reaches no conclusion on the allegations against the district.
"It would have been nice to receive some sort of determination if our interpretation of open meetings law was upheld," said Chris Williams, district spokesman.
Last November, about 30 Davis parents sued the school district, claiming it violated open meeting laws when an advisory committee, charged with researching and proposing a new boundary plan for the school board, met behind closed doors.
Davis leaders contend they could close the meetings because the committee was not a public body and did not have decision-making authority.
The law states that a public body is anyone "vested with authority to make decisions regarding public business." And district officials said the committee had only advisory authority they couldn't make any decisions.
After the restraining order was issued, the district hired a consultant who created a new boundary proposal. That plan was approved in mid-January.
Allphin's ruling was in response to motions for summary judgment filed by both parties in the case, which was set for trial this month.
Although Edwards said he had wanted some direction from court that would nudge the district into obeying the law in future, the lawsuit itself sent a message, he said.
"The question is whether the district is smart enough to get the message," said Edwards, who accused the district of shutting out the public further by "hand-picking" a consultant to create the new boundary proposal in private.
Comments
- O'Connor's husband dies 10:36 a.m.
- Russia launches program for tigers 10:35 a.m.
- Veterans Day in Afghanistan 10:34 a.m.
- Drug industry presses FDA 10:31 a.m.
- Obama honors veterans 10:29 a.m.
- New dinosaur species found 10:21 a.m.
- Utah canyon up for designation 10:17 a.m.
- BYU football recruit turning heads 9:04 a.m.
- Audit: S.L. County 911 'inefficient' 9:02 a.m.
- Audit calls for end to 'double dipping' 9:02 a.m.
- SLC council OKs gay rights policies
- Pratt pleads not guilty to sex charges
- Utah group finds homes for orphans
- Utah Jazz have a problem at point
- Wyoming writer amazed by BYU
- Hair-pulling raises more questions
- 'Love story' of crash victim ends
- Y. tight ends talented tandem
- 4 Jazz players make All-Star ballot
- 12 Utes return to Texas
- House passes health care bill
268 - TCU showdown has big implications
188 - Lobo suspended
185 - Senators want food tax restored
155 - Cougars crush hapless Cowboys
155 - Utah Jazz fall apart against Kings
131 - TCU 4th in AP poll; U. 16th, Y. 22nd
119 - No 'backlash' for pioneers, gays analogy
106 - S.L. vote pending on gay protections
105 - Utes pound winless Lobos
89
Applebee's Neighborhood Grill & Bar restaurants nationwide will honor...
i'm not sure I get the problem... this legislation covers sexual...
In this day of easy access to information on addiction it is inconceivable...
is right. Gloria is probably just another liberal who goes around to any...
If anyone ever wanted to put a montage together, of Dick Bavetta coddling...
I have a friend who lives in AF who's friend's daughter was on the bus that...
I'm not LDS, but I applaud the LDS Church for taking this stand on civil...
I have been getting gypted! In Little Leauge?!?
Here comes the complaining and excuses already. WOW! Most teams uses these...
@ Ab @ 4:14 I should be deported? I was born in the U.S.A., so good luck...


You can be the first to comment on this story.