The California Supreme Court denied the Alameda Unified School District's petition for review in the lawsuit
filed by Measure H parcel tax opponents challenging the legality of its passing by more than two-thirds of Alameda voters in June 2008
to help protect educational programs in
As a result of the Supreme Court’s decision in the case of
Borikas et al. v. Alameda Unified School District, a ruling in the case
earlier this year by the California Court of Appeal will stand, according to a AUSD press release.
Court of Appeal’s earlier decision was reversed in part and affirmed in part
a past trial court ruling in favor of the District, the press release states. That final decision validated the parts of Measure H
that taxed certain parcels $120 but also directed the trial court to
declare invalid parts of Measure H that taxed certain commercial and
industrial property at a different rate than $120
The case will now return to
the trial court for further proceedings, where the court will determine whether to issue refunds of some tax revenues collected from 2008-2011, the press release states. Measure H was
in effect for three years until voters passed a replacement parcel tax,
Measure A, in March 2011.
The dates for further proceedings in the trial court have not yet been set.
Superintendent Vital expressed disappointment but also determination, according to the press release.
"We are disappointed the California Supreme Court declined to review
this case. The decision of the Court of Appeal that now governs this
case could be a significant blow to our budget with
many negative consequences for students, teachers and staff here in
Alameda, as well as for other districts and local agencies across the
State," she said.
"We will make our best legal arguments when the case returns to
the trial court for further proceedings. We are
also continuing to work with our elected representatives in the
legislature to clarify the legal standards applicable to the parcel
taxes, since the local funding parcel taxes provide is critical for many
school districts and other special districts across