As disappointing as a delay would be, we need to know if the district’s public-private partnership is legal.
It’s disappointing that USD 410’s voter-approved facilities-improvement project likely will be slowed, and possibly derailed, by the filing of a lawsuit by a patron who objects to the partnership between the district and Tabor College to enhance the football and track facility on the Tabor campus. The lawsuit claims joint ownership between a publicly funded institution and a privately funded institution is illegal.
Legal counsel for the district researched the issue prior to the school board moving forward with the plan, and district officials say their attorneys are confident of their position. The plaintiff says his legal counsel is aware of cases where similar public-private partnerships have been prohibited.
As disappointing as a delay would be, it is important that all parties know if the proposed joint ownership is indeed legal. We hope a resolution to the issue can be found soon and with limited financial impact to the district so we have a clearer idea what our future holds. —DR