Bring Back Conserve

Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. -Margaret Mead

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Bring Back Conserve School

Culver Appeals Nielsen's Ruling

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Culver has appealed Judge Nielsen's decision to the Wisconsin Court of Appeals. The case is number 2009AP002134 and will be heard by a 3 judge panel yet to be assigned. The briefs filed by Culver and by Conserve are attached.

Culver is arguing a lot of the same things, mainly that the semester program violates the terms of the Trust. Culver also says Nielsen erred in failing to interpret the Trust and take its intent into account, instead basing his decision on whether or not the Trustees "acted in good faith and with proper motives". Culver also says they should have been allowed to examine documents that would reveal Lowenstine's intent, such as those that might have been generated in the process of drafting the Trust.

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Last Updated on Thursday, 26 August 2010 18:13

Culver Lawsuit in Federal Court Dismissed

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Culver's complaint against Conserve School was dismissed by Judge Wayne Andersen in August. Culver filed a notice of voluntary dismissal without prejudice, but Anderson dismissed the case with prejudice because of the case in Wisconsin state court that Culver actively participated in. This effectively ends the challenge to the semester program. Still pending are claims brought by parents for intentional and negligent misrepresentation as well as fraudulent inducement to contract.
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Attorney General Will Not Appeal Nielsen's Ruling

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J.B. Van Hollen announced he will not appeal Judge Nielsen's ruling. According to a story on the AP wire, he claims that even if he would win on appeal the case could drag on for more than a year - and by that time most of the affected students would have found another school already.

This is a rather disappointing outcome, as Van Hollen is mistaken about who is "affected" by his decision not to appeal. Many students were forced to make decisions for next year a long time ago, and his choosing not to appeal doesn't affect any of them. There are thousands of people still "affected" - future generations of high school students.

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Attorney General Dismissed, Trustees to Retain Control

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Judge Nielsen has upheld the validity of the semester program, dismissed the Attorney General's complaint, and allowed the Trustees to retain control of the trust and continue as planned with the semester program.

This coming from Twitterers we have just learned are present at the hearing:

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Wisconsin Attorney General Files Amended Complaint

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Yesterday, the Wisconsin Attorney General filed their amended complaint against the Conserve School Trustees, and also responded to the Culver Foundation's claims. The AG asserts that Conserve School's planned Semester away program is in clear violation of the trust. He is seeking a permanent injunction to preserve Conserve School as a four year College Preparatory Program.

The filed documents are attached below.

Download this file (AMENDED COMPLAINT 5-1-09.pdf)Wisconsin AG Amended Complaint[ ]640 Kb
Download this file (ANSWER TO CROSS CLAIM 5-1-09.pdf)Answer to Cross Claim[ ]320 Kb
Download this file (SUMMONS 5-1-09.pdf)Summons[ ]99 Kb

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Last Updated on Tuesday, 05 May 2009 15:28

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