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UPDATED New AUSD docs in Beery case

Submitted by on 1, November 3, 2008 – 4:43 amNo Comment


As expected, the school district has filed its answer to local property owner and businessman John Beery’s suit to invalidate the Measure H school parcel tax. Perhaps not surprisingly, they are asking the Alameda County Superior Court to dismiss the case. Their reasoning? Beery’s lawyers made mistakes writing the summons they published in local newspapers regarding the case.

The district’s attorneys are arguing that the summons lacked some legally required language and, more interestingly, that the introduction to the summons wasn’t in both English and Spanish. Per the district’s attorneys:

Undoubtedly, Spanish-speaking citizens of Alameda would not have been able to read and understand the significance of Beery’s published summons.

A hearing on the motion to dismiss the case, and a separate motion questioning the case’s legal adequacy, are slated to be heard on December 18.

We e-mailed Beery’s attorney, John Messenger, for comment, but didn’t hear back.

Apparently the documents, which were filed today, are not yet up on the Alameda County Superior Court’s website, but we imagine they will be up there soon. If you’re interested in these docs or want to take a peek at that summons, click here and type case number RG08405984.

The district’s attorneys had already asked the court to strike an earlier invalidation suit filed by George Borikas, and they also filed a separate motion questioning Borikas’s case. The hearing on those motions are set for February 3. The case number is VG08405316.

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