Trial date set in school tax case Trial date set in school tax case (January 21, 2005)

Both sides said they will appeal if they lose

By Julie O'Shea

An April 4 trial date has been set in a case that challenges the legality of Mountain View-Whisman's $1.6 million parcel tax election.

The school district has already spent $50,000 in its defense, and Superintendent Eleanor Yick anticipates Mountain View-Whisman could spend an additional $50,000 before this case is settled.

John Yeh, the district's lawyer, told school officials he believes the trial will take just three days. However, despite the outcome of the April trial, both sides said they plan to appeal if a Santa Clara County Superior Court judge doesn't rule in their favor.

Last year, Aaron Katz sued the school district and the Santa Clara County Registrar of Voters, claiming the Measure J tax election was run illegally because he and other property owners who don't live in the district were not allowed to cast a vote.

Katz, an independent attorney who is representing himself in the case, is a Saratoga resident but, through a partnership, owns 10 condos in Mountain View.

Measure J was passed last March with 69 percent of the vote. The tax costs homeowners an average of $75 a year. Katz's annual share is about $400, according to the school district.

Katz has declined repeated requests to comment on this story.

Lawyers for Mountain View-Whisman have asked Katz to show evidence of his real estate partnership and to turn over property-tax statements.

And during a court hearing last week, Katz asked the school district to provide him with data showing how many people applied for senior and contiguous property exemptions.

Both sides have until Jan. 21 to turn over the requested documents.

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

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