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SECOND MEASURE H SUIT FILED

Submitted by on 1, August 28, 2008 – 7:45 amNo Comment

A major Alameda property owner has filed a second lawsuit to try to halt the implementation of the Measure H parcel tax. Mariner Square owner/developer/yacht guy John Beery filed his suit against the temporary school parcel tax on Monday in Alameda County Superior Court.

Beery and two of his organizations, Alameda Gateway Ltd. and Mariner Square & Associates, are suing the school district and Alameda County over the tax, claiming it was not uniformly applied. (If you’re wondering what role the county played in all this, the Registrar of Voters certified the election results, and the Board of Supervisors declared Measure H had passed.)

The suit, which was filed in Oakland at Rene C. Davidson County Courthouse, also claims the tax measure illegally limited the exemption for seniors and the disabled to just their residences and that the purpose of the tax was not as specific as required by law.

The parcel tax for homeowners and commercial property owners with less than 2,000 square feet $120 a year over four years. Those with more than 2,000 square feet would pay 15 cents a square foot up to $9,500 per parcel.

From what we can tell, Beery owns a whole mess of property in the West End, including Mariner Square, according to this article on one of his websites; his businesses include John Beery Yachts and a drystack marina.

We’ll probably have more on this, so stay tuned. In the meantime, the case number is RG08405984 and you can take a look at it right here.

Local resident and property owner George Borikas filed a suit to halt the tax last Thursday. We’ve got the skinny on that here.

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