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School District Asks For, Receives, Extension to File Measure H Appeal Brief

Attorney’s for the Alameda Unified School District (AUSD) have requested, and received, from California Appellate Court, 1st Appellate District, a time extension to respond to the appeal filed in the Measure H lawsuit, George Borikas as Trustee et al. v. Alameda Unified School District. The case number is A129295.

The District’s response to the appellant’s opening brief had been expected by the end of March. However, attorney George David Nied, representing AUSD, asked on March 28th for a time extension, and now have until May 6, 2011 to file their response.

In their original lawsuit, the plaintiffs argued that the structure of the Measure H parcel tax was unlawful because it provided different rates for residential and commercial property owners, and provided for different tax rates even among commercial property owners, because of the tax cap. In May of last year, AUSD announced that the trial court had ruled in their favor in Borikas, et al. v. Alameda Unified School District, et al., case number VG08405316 in Alameda County Superior Court. At that time, the plaintiffs vowed to appeal the decision.

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