Monday, March 26, 2012
Legal Judgement Update
by Linda Baxley
Below is the actual judgement that was received today regarding the lawsuit between BCS and LASD. Here are the highlights:
The Honorable Patricia Lucas issued her order on Friday, March 23, regarding BCS and LASD's litigation over the District's 2009-2010 Facilities Offer to BCS. The order is attached. As previously reported, LASD's attorney argued that the Court should adopt BCS's Proposed Amended Judgment with three changes. The Order, as issued included two of these three changes:
1. As issued, the Order (page 2, paragraph 2) has deleted BCS's proposed reference to the need for the District to provide "a 10-acre site" in favor of "facilities that are reasonably equivalent to the sites enjoyed by the comparison schools," making clear that the District is not obligated to provide BCS with a single 10 acre facility.
2. As issued, the Order (page 3, paragraph 2), has specifically defined the Egan site in terms of what was offered to BCS at Egan in 2009-2010, and struck BCS's proposed language that could have had direct implications on whatever the District's final 2012-2013 offer will be.
3. As issued, the Order included a continuing jurisdiction provision. Assuming the truth of the comments made at the January 2012 LASD Board meeting that LASD followed the law and applied the Court of Appeal's methodology, the inclusion of this provision, in combination with the Court's above modifications to BCS's proposed amended judgment, should not pose an issue for the District.