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AUSD Wins Lawsuit Over Measure H

  • Date: 2010/06/03
  • Alameda Unified School District
  • Synopsis : Judge Rules Measure H Parcel Tax Structure Is Legal.

Main Document

Judge Rules Measure H Parcel Tax Structure Is Legal

Judge Kenneth Mark Burr of the Alameda County Superior Court has ruled decisively and definitively for AUSD in the lawsuit over Measure H. In his Statement of Decision resolving the case, Judge Burr rejected all of the plaintiffs' claims and found that the structure of Measure H is uniformly applied and legal under state law.

Plaintiffs in the Beery et al v. Alameda Unified School District and Borikas et al v. Alameda Unified School District cases had sought to overturn Measure H, the parcel tax supporting Alameda schools that was passed by 66.9% of Alameda voters in June 2008.

In his ruling Judge Burr concluded the parcel tax imposed by Measure H is uniform and legal. "The Court rules that Measure H comports with the requirements of Government Code section 50079 and the California Constitution. Accordingly, judgment for the District shall be entered." "I am thrilled with Judge Burr's decision", stated Superintendent Kirsten Vital. "His ruling is a victory for the students and the entire Alameda community who support and are proud of our quality schools.

"This ruling is so important in light of the devastating state budget cuts that AUSD is facing," continued Superintendent Vital. "Local funding through Measure H has protected the programs, teachers, and small class sizes we depend on."

This ruling is also significant in that Judge Burr's analysis confirms that the structure of Measure E is also legal. Measure E is the replacement parcel tax that is being considered by voters in an all-mail election running from late May through June 22nd. Measure E has the same structure as Measure H. If passed by voters this month, Measure E will immediately replace Measures A and H and provide a secure local funding source for eight years.

Seniors and those who receive supplemental security income for a disability are eligible for an exemption from the parcel tax for a parcel comprised of residential real property that is their primary residence in Alameda. If a person currently claims an exemption under Measures A and H, and Measure E passes, that person will be automatically exempted from Measure E.

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