At a special meeting of the USD 410 Board of Education on Tuesday night, Aug. 19, Superintendent Doug Huxman announced that the district judge has ruled in favor of the district in a summary judgment regarding the lawsuit brought against USD 410.

The suit, filed by Raymond Brandt, a patron of the district, contested an agreement between the district and Tabor College to be co-owners of a new football and track facility to be built on the college campus. The district and the college would each commit half of the $4.03 million cost of the facility.

The partnership was approved by voters in June 2007 as part of a larger package of facility improvements for USD 410. Brandt?s lawsuit contested only the football and track facility.

?We always felt like we acted in an appropriate way,? said Huxman, who received the news from the district?s attorney late afternoon Tuesday. ?Working with Tabor we wanted to do something positive for the community.?

Huxman said the district is pleased with the court?s ruling.

?We will need to meet with our attorney to see what happens from here,? he said.

The special meeting had been called to give the board an opportunity to hear and approve the budget for the upcoming school year.

Following a review by clerk Jerry Hinerman, the board unanimously approved the published 2009 budget of $5.4 million with a mill levy of 57.537.

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