Ada County judge dismisses suit, enables University of Idaho's $685M Phoenix purchase
BOISE, Idaho (CBS2) — Idaho Education News reports an Ada County judge rejected an open meetings lawsuit against the State Board of Education, a potential breakthrough for the $685 million University of Phoenix purchase.
Ada County District Judge Jason Scott ruled late Tuesday afternoon the State Board "reasonably believed" the University of Idaho (UI) was vying with other bidders for Phoenix, justifying its closed-door discussions.
Scott's ruling clears one major obstacle blocking the UI's proposed Phoenix purchase. University officials hope to close the deal early this year.
Working with a UI lawyer, the State Board discussed the possible Phoenix purchase in closed executive sessions on March 22, April 25 and May 15, before publicly supporting the deal in a May 18 public vote.
The three closed meetings were based on a little-used clause covering a competitive purchase pitting a state agency against public bidders in other states or nations, so the case focused on competition.
During a three-day trial before Scott last week, Attorney General Raúl Labrador's team, who filed the lawsuit in June, argued the State Board did not ask for specifics about competition, instead taking UI President C. Scott Green's word about the marketplace.
Labrador's team argued when the market changed on April 24, when the University of Arkansas' trustees voted to reject a Phoenix purchase.
The State Board's legal team said competition was a recurring theme in the discussions, and board members were told Phoenix wanted to partner with a public buyer, also arguing the board and Green had reason to believe Arkansas was still in the Phoenix sweepstakes.
In a 15-page ruling, Scott sided with the State Board.
UI's accreditors still must sign off on the deal before a nonbinding deadline in four months, and a UI-connected nonprofit must finance the purchase. If a deal is not closed on May 31, the UI or Phoenix could walk from the table.
The original article can be found HERE.
ncG1vNJzZmihlJa1sLrEsKpnm5%2BifK%2Bx1qxmpaeTlrlwrcOaZJynpaPBunnJrpugnV2ZtrS5yKyqnqtdqMKqwIyepZqanJrAbsHNoq2eqqOewbp5zp9kopyRnby0eZVxbKZloJ28prrIsWSpraKYtaK%2FxA%3D%3D