HUNTINGTON BEACH : Action Against Fee Could Expand

The Huntington Beach/Fountain Valley Board of Realtors has delayed filing the lawsuit it has been threatening against four school districts that have imposed a $50-per-year fee on property owners to maintain school grounds and facilities.

The board, which has drafted a class-action suit, is postponing the action because it hopes to challenge the issue on a statewide basis rather than on the basis of actions by the West Orange County School Finance Authority, said Gordon Reid Wallack, the group’s lead attorney.

The authority--a five-member panel of trustees from the Huntington Beach Union High, Huntington Beach City, Ocean View and Westminster school districts--unanimously approved the fee last Friday. It is projected to raise more than $4 million a year to repair and maintain school recreational facilities.

After the authority approved the measure, the board of realtors said it would challenge the action in Orange County Superior Court. The group is now reassessing that strategy, however, Wallack said Monday.

He said the group is talking with other tax-resistance organizations in California with the idea of attacking the maintenance assessment on a statewide level. Although a Superior Court challenge might result in getting the fees rescinded, Wallack said, a state appellate court victory would be necessary for there to be a statewide impact.

“This is not strictly an Orange County issue,” Wallack said. “We’re going to see what the rest of the world wants to do, so my clients are assessing where we’re at right now. I think it’s the wise thing to do.”

The board of realtors charges that the joint authority improperly used the state Lighting and Landscaping Act of 1972, the law under which the authority said it was acting in levying the fee. The board also contends that the action violates the intent of Proposition 13, the 1978 property-tax-cutting initiative, by adding a fee to property tax bills without the required voter approval.

The boards of trustees of three of the school districts have scheduled closed-session meetings this week to discuss the possibility of litigation. Trustees from the Huntington Beach Union High School District and the Ocean View School District are scheduled to meet today behind closed doors to map out their legal strategies.

Westminster School District trustees plan to discuss the issue during the closed session preceding their regular meeting scheduled Thursday. Officials from the Huntington Beach City School District said trustees are considering a similar closed meeting but that they have not yet set a date.