Orange County Superior Court Judge Kim Dunning on Wednesday settled the first in a spate of cases related to Capistrano Unified School District elections in November.

Technically, the rulings were split, but practically the victories went to the challengers of the incumbent board, because Dunning allowed to stand various statements that a measure to change how trustees are elected is not union-backed, as well as candidate John Alpay’s assertion that he is not supported by a union.

Dunning did alter—using Alpay's suggested language—his claims saying school boards can't raise taxes or deficit spend. Dunning says the Mello Roos is a tax and districts can deficit spend. She also changed Alpay's statement that the district has "hundreds of attorneys," instead allowing Alpay to say he will try to reduce non-classroom spending, including money spent on attorneys.

On the initiative, Measure H, Dunning threw out a statement by initiative supporters alleging the trustees were backed by “special interests hostile to public education” and tried to stop the ballot initiative.

Another series of hearings was scheduled for Friday on challenges filed against ballot statements submitted by the incumbent trustees, as well as other challenges related to Measure H, the election-process initiative.

For more information, see the “Beyond the Blackboard” blog at www.danapointtimes.com