The Notice of Appeal has been filed and the Board's attorney responded with a Notice of Appearance the same day. No further motions or documents have been filed since then. There is no date set for any hearing nor, as of Febuary 15, 2023, a full year after the case was filed,any further actions in this case. The case is basically dormant. When there are no filings on a case for a year, the County Clerk will initiate a dismissal process.
On February 14, 2022, Director Daily initiated a second legal action in the Superior Court of Kitsap County for "appeal of the failure to act and decision of the school board."
The action stems from the Board's approval of a contract for pool renovations voted upon January 19, 2022 and the alleged lack of public comment preceding the Board's action. Until there is a court decision, if any, resulting from the legal action, the pending legal action will not impact the work of the Board nor the progress on the pool renovations.
The Board, through its attorney, responded to the action with a "notice of appearance" on the same day, without addressing any of the issues raised in the appeal.
Documents will be added below as they become publicly available.
As of January 20, 2023, there have been no significant further filings or actions on this case. If the case proceeds at its current pace or at the pace of Director Daily's first lawsuit, it may not be concluded until after the pool renovations are completed in early 2023.
Other than letters to the editors of the Kitsap Sun and Port Orchard Independent (written by the same individual who served the legal papers on the District on behalf of the plaintiff in the lawsuit), there has been no mention in the newspapers regarding this attempt to stop the pool renovation project, until a brief mention of it is the Kitsap Sun on April 21.2021.
Daily v SKSB  Notice of Appeal February 14, 2022 (19 pages)
Daily v SKSB  Notice of Appearance February 14, 2022 (2 pages)
Daily v SKSB  Notice of Withdrawal and Substation of Council filed by the District August 29, 2022
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