September 07, 2006

Suit filed challenging language in open space district argument

"A fight between taxpayer advocates and proponents of an open space district in Napa County is headed to court Monday.

The skirmish is over the proposed Nov. 7 ballot argument opposing Measure I. The measure, if passed by voters, would create a parks and open space district encompassing all of Napa County.

Nan Vaaler, former Napa City-County Library director, filed suit against the Napa County Registrar of Voters, charging the ballot statement filed Measure I opponents is false and misleading. Vaaler is seeking a judgment that would block many of the statements from inclusion in the voter's pamphlet.

The Napa Valley Land Stewards Alliance and two Napa County Planning Commissioners, Rich Jager and Terry Scott, said in their ballot statement that the open space measure would create a "special interest bureaucracy that will suck up millions of tax dollars."

Opponents also say Measure I would give the open space district the ability to solicit property owners -- via a mail-in ballot -- for a property assessment tax hike to provide revenues. If enacted, they contend, this would circumvent a two-thirds voter majority requirement for property tax increases, put in place by Proposition 13.

Proponents say the measure is solely a question of forming an open space district and electing its officers, not levying assessments or bonds. The Napa County Board of Supervisors -- by a 3-2 vote -- approved the measure to go on the Nov. 7 ballot, knowing the agency would have about a quarter of a million dollars already budgeted. Supervisors Bill Dodd and Harold Moskowite are opposed to the measure.

In court papers, Vaaler took issue with most of the opposition ballot statement, saying the charges were not relevant to Measure I. Vaaler asked the court to throw out the statements, citing case law that requires ballot arguments to be germane to the measure in question.

The article is here.

Posted by Randy Riddle at September 7, 2006 09:04 AM