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School district seeks to strike H case

Submitted by on 1, October 22, 2008 – 7:45 amNo Comment

Alameda’s freshly-lawyered-up school district is asking a judge to toss out one of the two suits seeking to overturn the Measure H parcel tax.

Attorneys for the district, if we’re reading this right, are arguing that plaintiff George Borikas failed to make a clear enough legal case to proceed. Separately, they are also asking Judge Kenneth Burr to strike key elements of the suit. They’re saying Borikas can’t sue over the tax until after it’s collected, and that the only party he can sue is the school district (the suit also seeks out other as-yet unnamed parties).

Both motions are scheduled for a February 3, 2009 hearing. Neither side in the suit was available for comment.

The district’s lawyers have also requested and received an extension to file a response to the second suit, filed by local businessman and landowner John Beery. Their response to the suit is due by November 3. (Beery, by the way, has kicked the county loose as a defendant in the suit.)

The four-year tax for schools, which is $120 per year for homeowners and up to $9,500 per year for commercial property owners, was passed in June with 66.9 percent of the vote.

The case numbers are RG08405984 for Beery and VG08405316 for Borikas, and they can be viewed here.

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