Thursday, July 7, 2005

Great news for the Santa Clara County Open Space Authority

The Santa Clara County Open Space Authority won a court case for the second time over its right to collect and expend money for open space preservation. Groups claiming to represent taxpayers argued that the OSA had not followed proper procedures under Proposition 218. The OSA won at the trial level, and won again yesterday following an appeal by the opposing groups to the 6th District Court of Appeal.

It's not clear yet whether this decision will be appealed to the California Supreme Court, nor whether the Supreme Court would accept an appeal if one were made. The Supreme Court is more likely to take cases when lower court rulings are in conflict, but no such conflict currently exists.

Assuming no appeal occurs or that the Supreme Court declines the case, then the OSA will have nearly tripled its spending authority. This is great news for open space preservation and for public access.

You can read the decision here (Silcon Valley Taxpayers v. Santa Clara Cty., dated July 6, 2005)


No comments:

Post a Comment