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California Supreme Court Denies School District Petition to Hear Measure H Lawsuit

Updated to include statement from AUSD Superintendent Kirsten Vital…

The California Supreme Court has denied the Alameda Unified School District’s appeal of an unfavorable decision in the appellate court, over the Borikas Measure H lawsuit, opening the door to millions of dollars of refunds from the district to commercial property owners.

Superintendent Vital expressed disappointment but also determination: “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. 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 California.”

The case will return to the trial court to determine any remedies, such as refunding commercial property taxes collected.

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