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School District to Appeal Measure H Ruling

The Alameda Unified School District is taking steps to appeal a ruling that invalidated a portion of Measure H, a 2008 parcel tax. (Action Alameda News)

The Alameda Unified School District announced today that it plans to appeal a ruling that invalidated parts of Measure H, a 2008 school parcel tax. The ruling could mean that the school district has to refund millions of dollars in taxes collected under the measure.

In a press release, the school district said that the governing board voted earlier this week to pursue an appeal of the ruling in the case of Borikas et al. v. Alameda Unified School District. The California Court of Appeal ruled that the portion of Measure H that charged commercial and industrial property owners at a different tax rate than residential owners was non-uniform, and therefore illegal. The case is VG08405316 in Alameda County Superior Court and A129295 in the appellate court.

The lower court has been directed by the upper court to determine appropriate remedies, which could include directing the school district to refund taxes to property owners that paid more than the $120 per parcel residential rate.

The pursuit of an appeal by AUSD would take the case to the California Supreme Court.

1 comment to School District to Appeal Measure H Ruling

  • Marie

    Oh wonderful! What makes AUSD think the outcome will be different next time?
    More waste of taxpayer money. I am in favor of taxes raised equitably and used
    judiciously, not a tea partier, but this is the kind of thing that gives government a bad name. Enough already. Spend less on administrators and attorneys and more in the classroom.

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