As soon as February 5, property owners in the in the newly expanded 19,000-square-mile fire protection district, FP-5, may have a decision on the legality of the new and unpopular $157 per parcel assessment. Reporter Mike Lipsitz has more…
At a hearing earlier this month, San Bernardino Superior Court Judge Donald Alvarez indicated that by February 5 he would provide a written ruling on whether the newly approved $157 assessment is legitimate. The date is also the deadline for the county request that the lawsuit be dropped entirely. Brought by the Red Brennan Group, a San Diego-based non-profit, as well as local community groups, and individuals, the suit is one of two making their way through the courts. The plaintiffs contend the new law violates the state constitution by imposing as special tax circumventing the required approval by a two-thirds vote of the electorate. They also claim the process to oppose the tax violated equal protections guaranteed under the U.S. Constitution. A second lawsuit brought by an individual plaintiff, Paul Austin, also seeks to invalidate the assessment. That case is expected to be heard March 14.
