Friday, October 26, 2012

McKinstry trial still set for October 2013

Jury expected to hear arguments for 25 days

Express Staff Writer

Anyone who wants to attend the jury trial between the McKinstry Essention and the Blaine County School District has about a year to plan for the event. And anyone who wants to hear the whole thing should mark off about 25 days on their calendar because that’s how long the trial is expected to last.

Following a telephonic conference Monday, Blaine County 5th District Judge Robert J. Elgee retained an Oct. 15, 2013, date for the trial to begin. At the request of McKinstry, the trial date was set in September. However, a motion filed by School District attorneys asked the judge to schedule the trial sooner, possibly as early as April.

According to court records, attorneys for the parties are now in the process of discovery, through which litigants obtain information from each other, and in scheduling and conducting depositions, which allow attorneys to interview people likely to be called as witnesses at trial.

At stake between the parties is about $26 million. McKinstry is claiming that the district still owes the company about $7 million for energy conservation work and other improvements at district schools and facilities, while the district claims that it only authorized work worth about $18.6 million and alleges damages of at least that amount.

Work was started in 2010 following voter approval in 2009 of a 10-year $59.8 million plant facilities levy to fund the bulk of the work. Most of the work was completed by the start of the 2011-12 school year. McKinstry filed its lawsuit last May.

A notice of hearing for the trial states that it will begin Tuesday, Oct. 15, 2013, and will be held on Tuesdays through Fridays of the following weeks with the exception of Oct. 18. Elgee typically does not hold trials on Mondays so that he can attend to other court business.

A pretrial conference is scheduled for Monday, Sept. 16.

Terry Smith:

About Comments

Comments with content that seeks to incite or inflame may be removed.

Comments that are in ALL CAPS may be removed.

Comments that are off-topic or that include profanity or personal attacks, libelous or other inappropriate material may be removed from the site. Entries that are unsigned or contain signatures by someone other than the actual author may be removed. We will take steps to block users who violate any of our posting standards, terms of use or any other policies governing this site. Use of this system denotes full acceptance of these conditions. Please review the full rules governing commentaries and discussions. You are fully responsible for the content that you post.

The comments below are from the readers of and in no way represent the views of Express Publishing, Inc.

You may flag individual comments. You may also report an inappropriate or offensive comment by clicking here.

Flagging Comments: Flagging a comment tells a site administrator that a comment is inappropriate. You can find the flag option by pointing the mouse over the comment and clicking the 'Flag' link.

Flagging a comment is only counted once per person, and you won't need to do it multiple times.

Proper Flagging Guidelines: Every site has a different commenting policy - be sure to review the policy for this site before flagging comments. In general these types of comments should be flagged:

  • Spam
  • Ones violating this site's commenting policy
  • Clearly unrelated
  • Personal attacks on others
Comments should not be flagged for:
  • Disagreeing with the content
  • Being in a dispute with the commenter

Popular Comment Threads

 Local Weather 
Search archives:

Copyright © 2020 Express Publishing Inc.   Terms of Use   Privacy Policy
All Rights reserved. Reproduction in whole or in part in any form or medium without express written permission of Express Publishing Inc. is prohibited. 

The Idaho Mountain Express is distributed free to residents and guests throughout the Sun Valley, Idaho resort area community. Subscribers to the Idaho Mountain Express will read these stories and others in this week's issue.