Judge has questions Judge has questions (August 06, 2004)

2 sides in parcel tax suit called back to court

By Julie O'Shea

A Santa Clara County Superior Court judge said last week that he needs more information before ruling on a case that claims the Mountain View-Whisman School District's $1.6-million parcel tax election was conducted illegally.

More than a month after first hearing the case, Judge Kevin McKenney has ordered both parties back to his courtroom to answer additional questions. The hearing is set for Aug. 9 at 1:30 p.m. in San Jose.

Aaron Katz, a Saratoga resident, sued the school district and the county elections office because he wasn't allowed to vote in the March 2 tax election even though he owns 10 condos in Mountain View. He wants Measure J -- a tax based on the square footage of an individual property owner's parcel of land -- to be brought back to the polls, and only land owners be allowed to vote.

Measure J, approved by 69 percent of all voters, whether they owned property or not, will cost the average property owner about $75 a year and is capped at $600. County officials have already certified the election. Katz said his annual bill will be around $750.

Passage of Measure J means the school district won't have to close a campus this fall, as officials had threatened. In addition, tax funds will go toward counseling services, music and art classes, after-school sports and full-time custodians, among other programs and services.

Mountain View-Whisman Superintendent Jim Negri maintained the district has followed the law. In June, the school district asked McKenney to dismiss the lawsuit and force Katz to pay its mounting legal bills.

A spokesperson from McKenney's office said he expects the judge will come to a decision on the matter by Aug. 13. The spokesperson said he doesn't know what additional information McKenney needs, adding that the judge hasn't given either side questions to research before hand.

While many -- including the Howard Jarvis Taxpayers Association, the state's biggest anti-tax group -- said Katz's case will have a hard time holding up in court, he is undeterred.

"Obviously, the court must see some merit in my action," he wrote in an e-mail to the Voice last week. "It must have questions about some of the theories I have alleged, and I am sure it is concerned with the consequences of its actions."

Negri said he is going to wait to see what the judge has to say.

"You never want to read anything into it, one way or the other," he said.

If the judge decides to rule in the school district's favor, Katz said he will appeal. Katz added that many people have stepped forward to support him. However, he declined to disclose any names.

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

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