Judge grapples over tax lawsuit Judge grapples over tax lawsuit (August 13, 2004)

Plaintiff wants tax revenue stored away

By Julie O'Shea

There is no easy solution to the case that challenges the validity of Mountain View-Whisman School District's $1.6 million parcel tax election, according to the judge presiding over it. He is set to hand down a ruling any day.

On the surface, "it does seem unfair" that Aaron Katz, a Saratoga resident, didn't get a chance to vote in March's Measure J election even though he owns 10 condos in Mountain View. However, Santa Clara County Superior Court Judge Kevin McKenney added, "this doesn't necessarily mean this (was) an unconstitutional election," and "the law doesn't necessarily say you've been disenfranchised," the judge told Katz during a special hearing Monday.

After more than a month of reviewing the matter, McKenney said he hopes to reach a decision soon on whether to push this case to trial or dismiss it all together.

Katz, a retired private attorney, sued the school district and the county elections office claiming the election was illegal because it did not allow all property owners to vote. He wants the tax measure, which will cost the average homeowner $75 a year, brought back to the polls and only those who own land in the city be allowed to vote. Had the election been conducted this way, Katz believes the measure would have lost.

The school district said it needs the extra tax dollars to avoid closing a school and to keep basic services and programs up and running.

McKenney said he is having a difficult time coming to a decision on the case. "There is no (prior) case here that really gives me specific guidance," he said in court. "I'm grappling with issues I don't deal with everyday. ... I want to make sure I make the best decision."

Measure J, which passed with 69 percent of the vote, will raise an estimated $1.6 million annually for five years. The tax is based on the total square footage of an individual parcel of land and is capped at $600. Katz has said his annual bill will be around $750.

Mountain View-Whisman Superintendent Jim Negri has repeatedly said the school district has done nothing wrong. He wants the lawsuit tossed out and Katz forced to pay the district's litigation bill, estimated to be around $50,000.

"Twenty years ago, when I taught civics, I'd be real interested to see how this plays out," Negri said. But as a superintendent, Negri said he's eager to see a quick, cheap resolution.

However, the case could drag on for years. Katz has said he will appeal if the Santa Clara County judge rules against him.

Outside the San Jose courthouse Monday, Katz said he was "encouraged" by the judge's comments.

"He's troubled by this, as he should be," Katz said.

Katz said he is concerned about what will happen if Mountain View-Whisman eventually loses this court fight and is ordered to reimburse the taxpayers.

"If they have to give [the tax funds] up, there'll be havoc," Katz said, proposing that the money should be collected but placed in a locked account until the case is resolved.

"That means $1.5 million in cuts immediately. I don't see that as being an option," Negri said. "That will be completely disruptive."

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

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