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Tentative ruling in Alameda school parcel tax lawsuit

An Alameda County judge has issued a tentative ruling today in Borikas v. Alameda Unified School District, the suit filed last fall against Measure H.

Measure H is the parcel tax that passed last June with the support of more than two-thirds of Alameda voters. The tentative ruling in Borikas is good news for the school district, with the judge tentatively finding that Measure H applies uniformly and therefore does not violate Cal. Government Code section 50079, which requires that school parcel taxes apply uniformly to all taxpayers or all real property within the school district. The court will hear argument on the tentative ruling on Tuesday, March 17.

More info about the lawsuits against Measure H here and here.

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Motions filed in Alameda’s Measure H lawsuits

In a story to appear in tomorrow’s Alameda Journal, reporter Jennifer K. Rumple tracks the movement in the legal battle over Measure H, the Alameda school parcel tax that voters overwhelmingly approved last June.

Attorney Page Barnes of Foley & Lardner LLP, one of the firms representing the Alameda Unified School District, told Rumple, “I take this litigation very personally. I am fighting to preserve the educational quality of 10,000 students and uphold the will of an overwhelming majority of voters who recognize the importance of passing this parcel tax for our kids. I have a firm belief that the money being generated through Measure H is absolutely essential to maintaining the quality of our schools.”

The whole story is here.

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Second parcel tax lawsuit in Alameda

A second lawsuit was filed Monday in Alameda County Court against Measure H, the school parcel tax that passed with the support of just over two-thirds of Alameda voters in early June.

The first suit, filed last week by Pleasanton-based lawyer David Brillant on behalf of George J. Borikas is thought to have been supported and funded by several dozen local businesses. The second was filed by the high-powered law firm, Reed Smith, on behalf of local developer, John Beery.

School Board President Bill Schaff:

We’re sad to see another lawsuit. We would like to try to find some common ground with the business community…we still don’t have a state budget, we know we’ll still have an underfunding issue and we have to find some resolution that is good for our kids and that also can work for the business community.

You can look at both cases here, by entering the case numbers. Borikas is VG08405316 and Beery is RG08405984.