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State High Court Strikes Down Open Space Assessment

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A property assessment to fund open space acquisitions in Santa Clara County has been invalidated by the state Supreme Court, which ruled that the assessment violated Proposition 218.

The court found that the assessment on 314,000 parcels spread across 800 square miles provided only general benefits and was therefore a special tax that should have gone before voters. The unanimous court said that property owner’s 2001 approval of the Santa Clara County Open Space Authority (OSA) assessment was not legal under the state constitution.
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