Santa Clara County Superior Court Judge William Elfving has
rejected an anti-tax lawsuit brought by the Silicon Valley
Taxpayers Association and the Howard Jarvis Taxpayers Association
against the Santa Clara County Open Space Authority.
Santa Clara County Superior Court Judge William Elfving has rejected an anti-tax lawsuit brought by the Silicon Valley Taxpayers Association and the Howard Jarvis Taxpayers Association against the Santa Clara County Open Space Authority.
The judge, in a decision issued Oct. 17, affirmed a number of crucial elements of the Open Space Authority’s successful fall 2001 funding measure, and determined that the Authority met the burden of defining “special” and “general” benefits as required by Proposition 218.
“We were extremely diligent in following the letter of the law throughout the funding measure process,” said Craige Edgerton, chairman of the Authority’s board of directors. “It’s a big step in fully affirming the success of the Authority’s funding measure, and certainly goes a long way in upholding the property owners’ clear desire to provide additional funding for open space.”
The anti-tax lawsuit was filed after the Authority’s successful 2001 funding measure, which was approved by a majority of property owners within the Authority’s jurisdiction.
The funding measure provides the Authority with an additional $8 million annually, for the acquisition of open space, hillsides, wildlife habitat, rivers, and streams, and the preservation of agricultural lands in Santa Clara County. The additional funds are being collected by the Authority, but held pending the outcome of the lawsuit.
The ruling can be appealed.
The Santa Clara County Open Space Authority is governed by an elected Board of Directors consisting of seven representatives, who are elected by district. It includes within its boundaries the cities of Campbell, Milpitas, Morgan Hill, Santa Clara, and San Jose, as well as certain unincorporated areas of Santa Clara County.
Alex Kennett represents the Morgan Hill area.
