Parcel tax lawsuit heads to court Parcel tax lawsuit heads to court (May 07, 2004)

Trial date expected to be set next week

By Julie O'Shea

The lawsuit challenging the validity of the Mountain View-Whisman School District's $1.6-million parcel tax election heads to court May 11, where a judge will be asked to set a trial date.

As of Tuesday, no one had stepped forward in support of Aaron Katz's case against the school district -- not the landlord advocacy group that adamantly opposed the first parcel tax measure brought to voters last year, and surprisingly, not even one of the state's most outspoken anti-tax organizations.

Officials with both the school district and the Santa Clara County Registrar of Voters, a named defendant in the lawsuit, said there was nothing illegal about the March 2 election.

But this has not deterred Katz, a Saratoga resident and a private attorney, who maintains that the Measure J election was "unconstitutional" because it did not allow all property owners -- regardless if they live in the district or not -- to cast a vote. Katz owns 10 condos within school district boundaries. Measure J will tack an extra $750 a year to his property taxes, Katz said. Had people like him been able to vote, Katz said he believes the tax measure would have lost "by thousands."

Katz wants a new parcel tax election, one where only property owners are allowed a vote. He said he is willing to take this matter all the way to the state Supreme Court and is asking all people interested in joining his fight to contact him. He said he intends to ask a county judge to set a trial date during the May 11 hearing.

"It's got to be heard quickly," Katz said. "I wanted it to be heard yesterday."

Mountain View-Whisman Superintendent Jim Negri has repeatedly denied any wrongdoing, stating district officials followed the law.

"We truly believe we did everything legal," he said, adding that "this district can't afford to underwrite the cost of constitutional appeal."

Negri said he doesn't know where money for the legal fees will come from, speculating that school trustees, who discussed the matter behind closed doors last week, may decide to ask the California School Boards Association for financial assistance.

Measure J needed a two-thirds vote to pass. It was approved by 69 percent of the vote.

Mountain View-Whisman has a $29.4-million budget. Measure J will pump $1.6 million into the school system annually for five years. The tax is based on a property's total square footage. It will cost most homeowners $75 and will be capped at $600. Seniors can apply for an exemption.

Jon Coupal, president of the Howard Jarvis Taxpayers Association, said his group is "very leery of parcel taxes," but he added that he thinks Katz will have a hard time winning his case.

"In general, you are only allowed to vote where you live," Coupal said. Further complicating matters, Coupal added, is the fact that "legality has been established" for such taxes.

A spokesperson with the Tri-County Apartment Association declined to comment on the lawsuit. Tri-County led the opposition for the unsuccessful 2003 Measure E tax campaign, which would have funneled $2.5 million into the district.

The deadline for filing a response to the Measure J lawsuit was Tuesday. However, Katz said people can participate in the litigation now through the trial.

"It wouldn't cost them anything," he said. "I only need one person."

Aaron Katz can be reached at s4s@ix.netcom.com.

E-mail Julie O'Shea at joshea@mv-voice.com

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