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Appeals Court Affirms Ruling on Measure H Lawsuit, Directs Lower Court to Determine Remedies

The California Appeals court affirmed a previous ruling declaring part of Measure H unlawful. (Action Alameda News)

The California Appeals court affirmed a previous ruling declaring part of Measure H unlawful. (Action Alameda News)

The California Court of Appeal affirmed today a previous decision ruling part of 2008’s Measure H school tax illegal, and directing the lower court to evaluate remedies.

In January, the appeals court vacated its December decision and agreed to a request from the Alameda Unified School District to consider the case anew.

But a notice from the court today affirms the December decision. The notice reads:

Final
The judgment in favor of the District is reversed in part and affirmed in part. The trial court is directed to enter judgment declaring the special tax imposed by Measure H invalid to the extent it imposes a tax other than $120 per parcel, unless the parcel is exempt from the special tax under the provisions of the measure, in which case, no tax may be imposed. The trial court shall also determine whether plaintiffs are entitled to any further remedies, as sought in their trial brief. Each party to bear its own costs on appeal.

The school district once again faces the possibility of having to refund several millions of dollars in tax revenue back to commercial property owners whom were unlawfully levied under Measure H.

Here is the court’s ruling:

Appeals court affirms Alameda School District Measure H ruling A129295A-03-06-13 by

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