[PatrickHenry]

Not appealing the decision of the judge in this case would make it virtually impossible to recover any fees from any party.

Wrong.

If the school board tried to recover legal fees from the former board members or the Thmas More organization, they would have standing to appeal the decision.

Wrong. They could, however, appeal the fee award.

An appeal in this case would not be all that expensive to conduct ...

Wrong.

... and the ACLU and new xchool board would likely not want to go that route.

True, but not for the reasons you suggest.

They would be risking the reversal of a very dubious trial court decision.

Wrong.

[Coyoteman]

"It may be very difficult to win the case" because it would be perceived that the intelligent design policy "was initiated for religious reasons."

Good quote in the latest Science News, vol. 168 (Nos 26 & 27), p. 414:

What is intelligent design?

It's the missing link between creationism and religious instruction masquerading as biology.

Bruce Bower