by John Mistler
Yuba County, CA
Yuba County Board of Supervisors put an illegal sales tax increase on the ballot last year. The board promoted the tax, with taxpayer money (that's illegal), as a "Special Tax" requiring 2/3rds vote of the people but; declared after the election that is was a "General Tax" (bait and switch?) requiring only 50% +1 votes. The Court next looks to the intent of the voters, which outweighs the intent of the Board of Supervisors, which put the measure to the voters. The Yuba County Superior Court invalidated measure K siding with the plaintiff's. The court said the tax was a "Special Tax" and did not receive the 2/3rds requirement to pass.
The Yuba County Board decided to appeal the judge's decision behind closed doors (probably illegal) with no input from the public.
Yuba County is still receiving illegal tax revenues and will continue to collect them until their appeal is squashed.
Following the board's decision to appeal; several of the Board of Supervisors blocked any input on their facebook pages, (that's against the law). Courts have ruled if you use facebook for political information you cannot block it when you don't like what is being said.
Yuba County has formally appealed the decision to invalidate Measure K. There will be additional briefing and then oral arguments in Sacramento at the 3rd District Court of Appeal.
Oral argument is several months away.
The Appeal Brief can be seen at eterritorial.com on the October 2nd issue.