The Cupertino Courier
News
Court ruling on Measure C sparks likely appeal by challenger
By Hugh Biggar
A Santa Clara County Superior Court judge ruled against two challenges to a Foothill-De Anza Community College district bond measure, and now one of those filing suit plans to appeal.
Melvin Emerich and Aaron Katz filed their challenges in response to a judicial validation action used to expedite challenges to Measure C. Passed by 65 percent of district voters in June, the $490.8 million measure is to pay for building and equipment projects.
Emerich now plans to appeal.
"I don't mean to ruffle feathers, but the ruling is erroneous," said Emerich of Superior Court Judge Randall Schneider's Dec. 6 ruling. Emerich said he was particularly concerned about a lack of project details for the bond measure.
"There isn't a list of specific projects," Emerich said. "With this bond, instead of putting the money into a classroom [facility], they could use the $490 million for a new Hubble telescope."
Martha Kanter, chancellor of the district, countered Emerich's assertions.
"We're pleased the judge ruled we met all the requirements," she said. Kanter said the bond measure includes a detailed list of project descriptions, such as a new instructional building at De Anza College in Cupertino.
The community college district initiated the bond to maintain and upgrade facilities and equipment at a time when many of the district's facilities are about 50 years old. Under the requirements of Proposition 39, the Foothill-De Anza district--which extends from Palo Alto south through Cupertino to parts of West San Jose--also formed a Measure C citizens oversight committee responsible for reviewing expenses and reporting to the public.
Even with the oversight committee, Emerich said he plans to appeal within 30 days of the filing of the official judgement.
Measure C is the latest bond measure passed by the community college district, which has a population of 44,000 students, and the latest measure to prove controversial.
In 1999, district voters approved Measure E to provide for construction and technology projects at the schools. The $248 million bond exceeded costs.
California's Fair Political Practices Commission later fined the district $4,000 for making an illegal $75,000 campaign contribution to a group supporting the bond measure.
Katz declined to comment for the article. In the past, Katz has sued several institutions including the Campbell Union High School District, El Camino Hospital district and the West Valley-Mission Community College District. In the West Valley case, he argued residents of the district who did not own land should not be able to vote on a district bond. The case settled for $60,000.
