Plaintiffs demands:
1.) An Order invalidating the Referendum.
2.) An Order for the holding of a special referendum as to funding for the construction of a new high school and renovation of Abraham Lincoln.
3.) Injunctive relief forbidding the expenditure of any monies by the District pursuant to the illegal Referendum.
4.) The costs and disbursements of this action.
5.) Such other relief as the Court deems just and proper.
MONROE — The School District of Monroe is facing a lawsuit from a quartet of citizens disgruntled at the elevated tax dollars and felt there was malice in the promotion of the referendum leading up to the November election.
The leader of the lawsuit, Dale Howarth, started a Facebook group hoping to get more transparency from the district and school board. That group has more than 1,000 members, though many that have joined do not reside in the district, but still have ties to it and are interested in the discussions.
Initially joining Howarth in the lawsuit are Larry Koschkee, Merlyn Gordee and another individual, according to court records. They are being represented by Anthony Coletti. Private donors funded the retainer fees for the case.
Defendants in the case include the School District of Monroe and the School District of Monroe Board of Education. A status conference was set for 3 p.m. on March 3 with Green County Circuit Court Judge Thomas J. Vale.
The suit alleges a myriad of intentional tomfoolery to trick voters into passing the referendum. The current 65-year-old high school has undergone extensive water and foundational damage over the years, including to the 23-year-old addition. Abraham Lincoln Elementary was also a part of the referendum, with only a few million dollars being spent to upgrade the building to make it ADA compliant.
Beginning in 2017, the district created committees of community members, staff and district administration, and outside consultants to figure out the best approach to the aging buildings in the community, all of which are at least 40-years-old. After coming up with options, the district hired a research firm to survey the community, sending out mailers and sharing an online link that could also be filled out.
“To encourage all voters to respond affirmatively to the Board’s proposed building projects, School Perceptions downplayed the increase property taxes which was projected to result from approval of a school building referendum,” the lawsuit states.
School Perceptions is an independent research firm that conducted community surveys in Monroe to better understand what the local populace desired for the future of the district’s community.
The biggest issue of the lawsuit comes from the accused misrepresentation of the effect on local taxes.
Howarth submitted that his tax bill was only expected to increase $33, but went up instead $445.52 after Fair Market Values were increased by the Department of Revenue. Koschkee’s tax bill went up $240.42, and Gordee saw an increase of $528.77.
“Upon information and belief, the number of votes in favor of the Referendum which were fraudulently procured by the intentional misrepresentations of the Board, District employees, and proponents of the Referendum illegally and prejudicially altered the result of the vote on the Referendum and directly led to its passage,” the lawsuit states. “[T]he result of the Referendum did not represent the “will of the electors” as required by Wis. Stat. § 5.01(1) … Accordingly, the Court can, and should, invalidate the Referendum.
The suit was turned in earlier in the week, and served to the board and administrators. On Feb. 28, the district responded in a press release, writing, “The legal action asserts that District officials knowingly misrepresented information related to the November 8th referendum seeking the authorization to issue general obligation bonds in an amount not to exceed $88,000,000 for the public purpose of paying the cost to build a new high school facility. It is the District’s position that this allegation is categorically false, and does not accurately reflect the actions of District officials and the Board of Education. The District is confident this will be resolved in the best interest of the greater community.”
The referendum passed by more than 10% of the vote.
“The referendum was approved by the voters of this community, and it is clear that a new high school and updates to Abraham Lincoln Elementary School is a great need in our community. The next step is approval of a building site. Work is planned to begin at Abraham Lincoln Elementary School this summer,” the district wrote in the press release.