Court Ruling on School Parcel Taxes to be Reconsidered
Court of Appeals agreed to Alameda School Board Petition for Rehearing
In an article by John Fensterwald of Ed Source Today, a website utilized by educators, Piedmont’s “jaw-dropping” proposed school parcel tax is mentioned in regard to school district tax alternatives and tax rates. The article is made available here to increase understanding of the dilemma faced by Piedmont School District policy makers in their effort to comply with the recent court ruling on the city of Alameda Unified School District’s parcel tax plan.
On December 6, 2012, the state Court of Appeals found in favor of Alameda large commercial property owners and invalidated parts of Measure H (a school parcel tax approved by Alameda voters 2008) that taxed commercial parcels of more than 2,000 square feet 15 cents a square foot, capped at $9,500 annually. The Appeals Court struck down part of the measure’s rate structure, leaving only the flat $120 rate paid by Alameda residential property and small commercial property owners valid.
On December 12, 2012, the Alameda School Board voted to challenge the Appellate Court December 6, 2012 decision and filed a petition for a rehearing. On Monday, January 7, 2013, in response, the Court of Appeals agreed to rehear the appeal of the trial court decision upholding Measure H, which the Appellate Court had overturned in part.
If the ruling stands after rehearing and any subsequent appeal, the Alameda School District “may have to reimburse businesses several million dollars that Measure H raised illegally during the three years it was in effect”.
See First District Court of Appeals decision in Borikas vs Alameda Unified
