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Should the Courts Invalidate Measure G?

A lawyer in Walnut Creek sued WCCUSD in January, claiming that the parcel tax extension is illegal. The courts have ruled in his favor on this issue before.

A lawyer with a track record of successfully using the courts to block school parcel taxes has taken aim at Measure G, the parcel tax extension voters approved for the West Contra Costa Unified School District in November.

Contending that Measure G illegally taxes property owners at different rates, David Brillant is using some of the same legal arguments that persuaded the First District Court of Appeals to rule in December that Alameda Unified wrongly collected nearly $18 million under a parcel tax passed by voters in 2008, according to the Contra Costa Times.

Charles Ramsey, a member of WCCUSD's governing board, said he thinks the lawsuit is flawed. He said that not only does Measure G not go into effect until 2014-15, but that the parcel tax does not contain different rates for different types of property owners. 

Measure G taxes property owners at 7.2 cents per square foot and owners of empty parcels at $7.20. Over the next five years, Measure G is expected to bring the district $50 million.

Ramsey said that charging owners of unimproved parcels 7.2 cents per square foot would not significantly reduce the revenue from the tax. 

At the same time that he filed the suit against WCCUSD in January, Brillant sued San Leandro Unified, Davis Joint Unified and five school districts in Los Angeles County. 

At the end of December, lawyers for Alameda Unified asked the the First Court of Appeals to reconsider its original decision, which the court agreed to do. However, the court is not allowing additional briefings and oral arguments in the rehearing. 

Susan February 08, 2013 at 05:23 PM
yep, good point. zillions of propositions!
Giorgio C. February 08, 2013 at 05:44 PM
Why are we blaming those who enforce the laws instead of those responsible for following them?
Jessica b March 07, 2013 at 07:04 AM
Has anyone seen the most recent decision from the court of appeals?!? Came out 6march2013
lyn lowell March 09, 2013 at 06:28 PM
The school board response to problems is always lets put another bond measure on the ballots. It is time to recall all school board members, fire all administrators and start with new education programs model after Sweden. Throwing money at the problem is not the answer. Get rid of the teacher unions and fat cat administrators.
None March 10, 2013 at 03:45 AM
Can anyone recall any election here in West Contra Costa County and especially in this West County school district that did NOT contain either another School Bond or some sort of a tax to support education? I have been voting in this area since 1957 and I always find another tax or fee to support our schools to always be on our ballot. Perhaps it is time to change our system; the present system seems to really be broke!

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