Star-Journbal Editor
After retaining one of "The Best Lawyers in America" to defend itself against a lawsuit that challenges the legality of its intended plans, USD 410 will continue working on the formal agreement with Tabor College to renovate and co-own the Reimer Field sports stadium.
With a possible court date at least six months away, officials from the district and Tabor College agreed to stop spending money on architect's plans for the stadium project, but to continue planning for joint ownership as if the suit will eventually be won.
"Our intent is to continue to move forward, " board president Rod Koons said Monday. "There's been a hiccup, but we're not changing the road we are planning to take one bit."
The "hiccup" refers to the civil suit that was brought against the district June 7 by Raymond Brandt of rural Hillsboro.
On Monday, Brandt expressed his disappointment with the board's decision to proceed with its plans to form a partnership with Tabor College.
"That's the reason we filed suit in the first place," Brandt said. "That's what this whole thing is about."
"It sounds like they're trying to do something behind my back to a certain extent," he added. "But they know they can't, not with a lawsuit."
On June 5, voters approved by a vote of 469 to 413 the sale of $6.625 million in bonds for school building expansions, stadium renovations, and other facility upgrades.
But Brandt's lawsuit, filed in Marion County District Court, alleges that the district had had no right to ask voters for $2.16 million to renovate and co-own Reimer Field with Tabor College.
Brandt's complaint contends that state statutes prohibit school districts from entering into joint property ownership or co-maintenance agreements with any third party, or from issuing bonds for that purpose.
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As a remedy, the suit asks the court to rule the bond election null and void and to stop the bond sale, or at least the bonds intended for the stadium project.
The district contends that its co-ownership plan is not illegal because present laws governing other inter-local agreements permit such partnerships.
With the battle lines drawn, Wichita-based attorneys for both sides met together for the first time late this past week, with no clients present.
For the plaintiff, Brandt, Susan R. Schrag from the law firm of Morris, Laing, Evans, Brock and Kennedy.
For the defense, the district's new attorney, Mark Biberstein of the state's largest law firm, Foulston Siefkin. The board interviewed Biberstein at a special meeting June 12, legally held behind closed doors to protect attorney-client privileges.
According to the law firm's web site, Biberstein is a trial lawyer with experience in "complex litigation" who is listed in the prestigious referral guide, The Best Lawyers in America.
"I feel good about him," Koons said. "He answered our questions in normal everyday language and made it understandable. He feels this is definitely a winnable suit."
Biberstein refused to speak to the media about his meeting with Schrag. But Brandt said his attorney brought a settlement option to the meeting; proposing that Brandt would be willing to drop his legal challenge to the three other projects in the bond proposal, if the district dropped its co-ownership plans.
"We could agree to that out of court if they would make that part disappear," Brandt said. "But it doesn't sound like the school district wants to do that.
Koons said the district and the college would proceed with plans to finalize an inter-local agreement, being drafted by the district's bond attorney, Kevin Cowan, of Piper Jaffrey.
The agreement will define the structure and establish bylaws for a stadium partnership, which Koons called "the important piece of this project."
"That's the part of the law that allowed us to do what we're wanting to do, to have joint projects," Koons said.
Tabor College board of directors chairman Lyndon Vix, a member of the stadium task force, said the college was eager to "continue the agreement process.
"The architectural planning has stopped, given that there's some uncertainty," Vix said. "But from Tabor's perspective, we intend to move forward with raising funds for the project, and working with USD 410 to see what else can be done."
With the sports stadium renovation design plans on hold, Koons ruled out any hope for a new stadium to begin as scheduled in November, or that it would be completed by the opening kickoff in 2008.
"Our initial goals were very aggressive to begin with, " Koons said. "The initial day for the sale of bonds was early July, so there's no way we can do that now. Construction was to start in early November, but realistically, that isn't going to happen. We have to prepare ourselves for that.
"One thing affects another and affects another. There are a lot of dynamics we have to look at that we had hoped to avoid."
The lawsuit could wind up costing the district as much as $400,000 in project delays and legal fees, according to USD 410 superintendent Gordon Mohn.
Last week, the board learned that it would not be able to meet its scheduled July sale date for the bonds, which will cause additional delays.
Koons says support from people on the street makes it seem as if the stadium project is worth fighting for.
"There's a lot of support," Koons said. "I feel a lot better now about the public support of the elections than I did on June 6, because of the positive comments that we've heard."
Brandt said the support from people on the street makes it seems as if the stadium is worth fighting against.
"All the reactions I've had [about the lawsuit] have been positive," Brandt said. "I've had letters, and people have stopped to talk to me, and everybody has been positive. For me personally, they're glad I stepped up."
How soon the matter can be resolved is anybody's guess.
"I'd just as soon settle it out of court, but they're evidently not ready to do this," Brandt said. "But it looks like the suit will still be going, that's all I can say at this point."
Koons seemed to agree.
"I don't think we're close to getting this worked out," he said.
