IN THE OREGON TAX COURT—REGULAR DIVISION
Case No. 5151
IN THE MATTER OF: The Petition of the David Douglas School Board, a governing body, for a Judicial Examination and Judgment as to the Regularity and Legality of David Douglas School Board’s Decision to Use Bond Proceeds to Construct a New Swimming Pool Facility at David Douglas High School.
To Defendants: all electors, taxpayers and other interested persons in the jurisdiction of the David Douglas School District.
YOU ARE REQUIRED TO APPEAR AND DEFEND the complaint filed against you by plaintiff, a true copy of which is being served on you with this summons, within 31 days from the date of first publication of this summons.
NOTICE TO DEFENDANT:
READ THESE PAPERS CAREFULLY!
You must “appear” in this case or the other side will win automatically. To “appear,” you must file with the court a legal document called a “motion” or an “answer.” The “motion” or “answer” must be given to the court clerk or administrator within 31 days of the date of first publication specified herein, along with the required filing fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff.
If you have questions, you should see an attorney immediately. If you need help in finding an attorney, contact the Oregon State Bar’s Lawyer Referral Service online at www.oregonstatebar.org or by calling (503) 684-3763 (in the Portland Metropolitan area) or toll free elsewhere in Oregon at (800) 452-7636.
SUMMARY STATEMENT OF OBJECT OF COMPLAINT AND DEMAND FOR RELIEF
The Board of Directors of David Douglas School District No. 40 (the “Board”) brought this action seeking judicial validation of the Board’s attempt to save district voters nearly $2 million. In May 2012, voters approved a ballot measure authorizing the Board to issue general obligation bonds to repair and renovate David Douglas School District facilities, including the pool facility located at David Douglas High School. New information and analysis received after the election showed that constructing a new pool facility instead of repairing and expanding the current pool facility would save significant expense — approximately $2 million in bond funds. Because the ballot title for the bond measure stated that proceeds would be used for repairs and facility renovations, the Board seeks a judicial declaration under ORS 305.589 that using bond proceeds to construct a new pool facility at David Douglas High School is within the Board’s authority to use the proceeds for facility renovations.
The Board prays for judgment as follows:
1. Declaring that construction of a new pool facility at the David Douglas High School is within the Board’s authority to use bond proceeds for facility renovation.
2. For such further or additional relief as may be just and equitable.
DATED this 31st day of January, 2013
/s/ Jeffrey G. Condit
Jeffrey G. Condit, OSB No. 822238
Elisa J. Dozono, OSB No. 063150
Alexander M. Naito, OSB No. 124046
Telephone: (503) 224-5858; Fax: (503) 224-0155
Attorneys for Plaintiff
The Board of Directors of David Douglas School District No. 40
Address at which papers in this action may be served by mail on plaintiff’s attorney:
Jeffrey G. Condit
Miller Nash LLP
3400 U.S. Bancorp Tower, 111 S.W. 5th Avenue
Portland, Oregon 97204-3699
Publish 01/31, 02/07, 02/14/2013. PT1164