The attorney who lost his challenge to the Bossier Parish School Board's handling of an April tax election will appeal his case to Louisiana's Second Circuit Court of Appeal in Shreveport.
" I believe that the integrity of the governmental process is critical , and that the actions of the BPSB not only betrayed the voters of Bossier Parish but also resulted in the passage of this bond issue,'' John Settle said in a statement Thursday afternoon. He said the case could be heard as early as next week.
Time is critical, says school district officials. They argue that Settle's lawsuit thwarts efforts to move ahead on the $210 million construction effort approved by voters. They fear delays can divert millions from construction toward interest payments if loan rates rise during litigation.
However, even the board's attorney has noted that such legal challenges rarely result in an overturned election. Similarly, Bossier District Judge Jeff Cox this week found no reason to overturn the April results, nor did he find that the district misrepresented  information provided to voters.
The ballot title did not refer to the construction tax that passed as a tax renewal, but Settle alleged that the district presented it that way. The 13.55 millage rate matches an existing construction millage that is rolling off the books, though reassessments and parish growth could mean more tax revenues.
Settle's lawsuit also argued that the school district crossed the line between providing information and campaign advocacy for three tax proposals. Two of the taxes, one for employee pay and the other for technology, failed. Settle said the district purchased electronic billboard messages to reach voters and issued district emails to encourage employee support.
Cox early on ruled that any alleged wrongdoing by officials should be a decision for the Bossier District Attorney rather than a judge in civil court. Bossier DA Schuyler Marvin has not returned repeated calls from KTBS as to whether he will review Settle's allegations.
Settle said one of the impediments to pursuing an appeal was the cost. He has paid  litigation costs so far and the appeal required the posting of a $2,000 bond. Thursday he stated that more than $4,000 has been pledged by "civic-minded citizens that are concerned about good government on both sides of the Red River."