2008 Woodie Awards
District may be sued over support of bond measure
Kristen Toner
Issue date: 4/24/06 Section: News
June 5, 2006
One disgruntled property owner may sue the Foothill-De Anza District if it continues to "cross the line" in supporting a $500 million bond measure on Tuesday's ballot.
Aaron Katz, a retired lawyer, has already sued the El Camino Hospital, the Mountain View-Whisman School District, Campbell Union High School District and West Valley to block parcel taxes he believes to be unconstitutional.
Will he sue the district if voters approve Measure C, the bond in question?
"The answer is no at this stage," said Katz.
However, Katz says he may sue if the district doesn't stop using public funds in support of the bond.
"I don't believe the Chancellor [Martha Kanter] will not send out anymore letters to voters," Katz said. He said it is against the law for the Chancellor to use public funds to support Measure C by sending letters.
But according to Director of District Communications Marisa Spatafore, no law has been broken.
The purpose of the letter was to inform community members about potential action by the board of trustees and give reasons the board took the action it did.
"The district always works to have clear communication with residents and to keep them informed about actions taken by the board," Spatafore said.
Because Katz is a property owner and not a resident of the district, he is unable to vote in district elections.
He said he should be able to vote on bond measures if he pays the resulting parcel taxes. California courts have never endorsed his theory because he has always settled for out of court.
But Katz's lawsuits have delayed the issuance of approved bonds, holding up construction and causing significant increases in construction costs. El Camino Hospital settled with Katz for $200,000, along with the West Valley-Mission Community College District for $60,000.
Kanter believes that if the suits were completed, Katz would not have received any of the money. "In my opinion, the money you obtained from these districts was paid to you in order to avoid that delay, and avoid the additional construction costs resulting from having to litigate your suits to a conclusion," Kanter said in an open letter to Katz.
"I for one do not understand why California law allows someone to file a suit which is based on a discredited legal theory," she wrote.
"Is it your intent to also sue this district if the voters approve our bond measure based on the same meritless residency argument? If so, how much more taxpayer money will you then be demanding to dismiss your meritless suit?" Kanter asked in her letter to Katz.
If 55 percent of voters approve of Measure C Tuesday, bond money will be used to finance district construction and renovation. It will also be used to upgrade the technology throughout the district.
One disgruntled property owner may sue the Foothill-De Anza District if it continues to "cross the line" in supporting a $500 million bond measure on Tuesday's ballot.
Aaron Katz, a retired lawyer, has already sued the El Camino Hospital, the Mountain View-Whisman School District, Campbell Union High School District and West Valley to block parcel taxes he believes to be unconstitutional.
Will he sue the district if voters approve Measure C, the bond in question?
"The answer is no at this stage," said Katz.
However, Katz says he may sue if the district doesn't stop using public funds in support of the bond.
"I don't believe the Chancellor [Martha Kanter] will not send out anymore letters to voters," Katz said. He said it is against the law for the Chancellor to use public funds to support Measure C by sending letters.
But according to Director of District Communications Marisa Spatafore, no law has been broken.
The purpose of the letter was to inform community members about potential action by the board of trustees and give reasons the board took the action it did.
"The district always works to have clear communication with residents and to keep them informed about actions taken by the board," Spatafore said.
Because Katz is a property owner and not a resident of the district, he is unable to vote in district elections.
He said he should be able to vote on bond measures if he pays the resulting parcel taxes. California courts have never endorsed his theory because he has always settled for out of court.
But Katz's lawsuits have delayed the issuance of approved bonds, holding up construction and causing significant increases in construction costs. El Camino Hospital settled with Katz for $200,000, along with the West Valley-Mission Community College District for $60,000.
Kanter believes that if the suits were completed, Katz would not have received any of the money. "In my opinion, the money you obtained from these districts was paid to you in order to avoid that delay, and avoid the additional construction costs resulting from having to litigate your suits to a conclusion," Kanter said in an open letter to Katz.
"I for one do not understand why California law allows someone to file a suit which is based on a discredited legal theory," she wrote.
"Is it your intent to also sue this district if the voters approve our bond measure based on the same meritless residency argument? If so, how much more taxpayer money will you then be demanding to dismiss your meritless suit?" Kanter asked in her letter to Katz.
If 55 percent of voters approve of Measure C Tuesday, bond money will be used to finance district construction and renovation. It will also be used to upgrade the technology throughout the district.
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