VISTA -- A Superior Court judge tentatively ruled Thursday that a citizens group's lawsuit against the Vista Unified School District fails to show the group has the legal right to sue, but the group can amend its lawsuit within the 10 days to correct that problem.

Judge Michael B. Orfield's tentative ruling stated, however, that Oceanside resident Jerry McLeod -- also a plaintiff in the lawsuit -- does have legal standing to sue and that the case as it relates to him will not be dismissed.

McLeod and the group Council Urging Reform of Education filed a lawsuit against the district in May, alleging the district hasn't built the schools it promised under Proposition O, a $140 million school bond measure approved by voters in 2002. The suit also alleges that the district aims to turn a campus planned at Melrose Drive near Highway 76 into a comprehensive high school instead of two magnet high schools.

Orfield tentatively ruled Thursday that the citizens group had failed to allege that its members are either taxpayers or voters, which would give them legal standing to sue. The group can amend the lawsuit to make that allegation.

Attorneys on both sides in the case can appear this afternoon in court to argue verbally before Orfield makes a final decision.