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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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AUSD retains counsel to fight Measure H lawsuits

For those of you who haven’t seen it, the Alameda Unified School District released a statement Wednesday regarding its legal team and the fight against the Measure H lawsuits. Here it is in its entirety:

Two Alameda taxpayers have brought separate lawsuits to invalidate Measure H, a new parcel tax to support Alameda schools that over two-thirds of Alameda voters approved in last June’s election. The tax, which will raise over $16 million in the next four years, will help close the budget gap caused by a reduction in State funding.

The lawsuits, Borikas, et al. v. AUSD, et al and Beery, et al. v. AUSD et al., are commonly called “reverse” validation proceedings. Each alleges that Measure H violates certain provisions of the California Government Code.

The Alameda Unified School District has retained the law firms of Chapman, Popik & White LLP and Foley & Lardner LLP. The District will vigorously defend Measure H.

In other school news the group, Alamedans For Fair Taxation, a group for which no one, to my knowledge, has stepped up and claimed public responsiblity, has a double-length, unsigned editorial in this week’s Alameda Sun. While we’re all used to pseudonymous postings on the Internet (I don’t much like ‘em, but they’re here), it continues to mystify me that no one from this group that is, as I understand it, responsible for funding at least one of the legal challenges to the popular parcel tax, doesn’t step up and say, “Hello. This is who we are and why we’re doing what we’re doing.” It’s all well and good to disagree—many reasonable people disagree much of the time—but the refusal to take a public stand (while having a willingness to fund a lawsuit) continues to confound me.

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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.