(Spirit Lake)– A judge this (Monday) morning took under advisement arguments in two motions in a case that seeks to have two people removed from the Spirit Lake school board.
One of them, filed by the plaintiffs and Peter Hart, a special prosecutor in the case, requests their original petition be amended and recast in a more formal manner.
The other, filed by attorney Steve Avery on behalf of defendants Beth Will and Ann Goerss, requests the case be dismissed. Avery told Judge Courtney the very motion to dismiss addresses issues in the motion to amend. Avery contended that under chapter 21 of Iowa Code, a prior violation is required to file such a suit against public officials, arguing that it doesn’t apply to civil violations.
Avery also contended there are no factual allegations to substantiate the case.
The judge didn’t give an indication as to when a ruling would be made.
