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Court Ruling Favors Westpoint |
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Monday, 17 November 2008 |
 News of a court ruling in favor of West Point’s Fire District came last Wednesday after more than a year of litigation, ending a lawsuit that forced dramatic cuts in fire department staffing and service. The lawsuit tied up revenues collected by the fire district through a voter-approved tax assessment in April 0f 2007. Judge John Griffin ruled that plaintiffs Concerned Citizens for Responsible Government and William Doherty failed to prove any wrongdoing when the West Point Fire officials began collecting an assessment that was approved by 62 percent of voters. West Point District Board Chairman Al Arieta was reportedly “ecstatic” when asked to comment on the legal victory. The small district was forced to lay off its paid firefighters after the district froze money in an account because of the uncertainty of the lawsuit. Despite the victory last week, the case is far from over. Doherty and his attorney, Bob Reeve of Valley Springs, plan to appeal the case to the 3rd District Court of Appeal in Sacramento. Doherty believes the tax is illegal because it taxes the owners of rural land already covered by the California Department of Forestry and Fire Protection. Reeve also believes that taxes were not proportionate to the properties being protected. But the fire district’s attorneys say rates were carefully considered and meet all legal requirements for proportionality. Resident reaction to the lawsuit has been overwhelmingly negative- barbeques and fundraisers were held in order to raise money to pay off legal costs. Story by Alex Lane
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