[CounterCounterCulture]

Victory over the Open Space Authority!!!

[CounterCounterCulture]

Of importance for those in the rest of California...

The Santa Clara County open space case has been closely watched by local governments across the state, which rely on a variety of special assessments to pay for services. The ruling could further jeopardize fees such as San Jose's phone fee for 911 costs, an assessment already up in the air because of recent court rulings. Santa Clara County had also been contemplating such a 911 fee.

[CounterCounterCulture]

S.V. Ping

[goldstategop]

The infamous view tax was invalidated. Santa Clara County will now to refund hundreds of thousands of dollars in illegally collected revenue to the taxpayers. What the California Supreme Court's ruling did was send the message to local governments they can't make an end run around Proposition 218's requirements. If they want to institute a new tax, they must get voter approval for it before they can collect the tax.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[Tzimisce]

...well let’s just call it a “fee” then. :)

[Paleo Conservative]

Not just struck down but tore ‘em a new one.

[highpockets]

My initial reading of it is that it is fairly broad," said Santa Clara County Counsel Ann Ravel. "It will be problematic for cities and counties to impose any kind of assessments that do other than provide a benefit to individual homeowners."

My gosh, what in the world is going on here?

Taxes/fees should only be used to benefit those who pay them.

Not sure the elected in Cali. will understand and abide by this novel approach.

[John Jorsett]

The downside of this is that it took seven freaking years to get this tax overturned. The refunds should include interest on all the money they stole.

[olivia3boys]

What I hate is when cities in CA—knowing they need 2/3 approval for a tax—put parcel taxes for schools on the ballots EXEMPTING senior citizens from the tax.

So, a wealthy senior doesn’t have to pay the tax, but can impose on me to pay it, and I don’t use the public schools either! (My children are in a Christian school.)

Either an educated citizenry is good for all, or not. If the seniors don’t benefit from an educated citizenry, then other should be excluded too, and only those who send their children to public school should have to pay these additional parcel taxes.

Really burns me up. . .

[martin_fierro]

Send FReepmail if you want on/off SVP list
The List of Ping Lists

[null and void]

Good.

[TChris]

*** Free Clue for Needy Politicians ***

REDUCE SPENDING!

Thank you, that is all.

[CounterCounterCulture]

Updates Mercury News article: Court voids Santa Clara County open-space tax

(snip)

Taxpayer groups say cities and counties are skirting Proposition 218 to avoid asking voters to approve new revenue - far more difficult because new taxes require a two-thirds vote. Doug McNea, president of the Silicon Valley Taxpayers Association, vowed to push the open-space agency to refund the assessment, calling it "an illegal tax."

(snip)

"This was basically a test case," noted Harold Johnson, an attorney with the Pacific Legal Foundation, which sided with the Silicon Valley Taxpayers Association. "Our concern was that the county's strategy here would set off a trend up and down the state."

(snip)

[Old Professer]

They’ll be back...