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PORT HUENEME : Dismissal of View Tax Lawsuit Denied

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A Superior Court judge Wednesday turned down a motion by attorneys representing Port Hueneme to throw out a lawsuit challenging the city’s so-called view tax.

The lawsuit was filed last year by nine homeowners who live in an assessment district created by the city to raise money for maintenance of Hueneme Beach.

The homeowners charge that the district, which is based partially on how good an ocean view each resident has, is an unfair way to raise taxes.

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Attorneys for the city argued in their motion for summary judgment that the City Council was within its right in approving the district, and they asked that the lawsuit be dismissed.

Judge Edwin Osborne denied the motion.

Port Hueneme City Manager Richard Velthoen said he was not disappointed by the decision.

“It’s rare that these things are granted,” Velthoen said. “If there is a 10% chance of a case here in terms of what’s being alleged, it’s likely not to be granted.”

The case will probably proceed to trial, Velthoen said.

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