ROSSMOOR : Ruling on Special Tax for Park Upheld

A court decision allowing the Community Services District to assess a special tax on residents to buy vacant Rush Elementary School and convert it into a park has been upheld by a state appeals court.

An 11-page decision by the 4th District Court of Appeal in San Diego upholding an Orange County Superior Court ruling may have cleared the last legal hurdle in the simmering debate over the 8.5-acre school property.

“It’s good news,” said Bill Sheldon, general manager of the Community Services District.

The battle over what to do with the closed school began in 1991, when the Community Services District entered an agreement with the Los Alamitos School District to purchase the site for $4.2 million.

In a June, 1991, advisory election, 55% of the voters approved the park plan. Under the plan, each homeowner was to be assessed $109 annually. The funds generated then would be used to pay off a $5-million bond sale to purchase the school site and maintain the new park.

An assessment district was formed in July, 1991, but the bond sale was held up because of pending legal challenges.

Virginia Dorton, a business owner, sued the Community Services District in Orange County Superior Court in September, 1991, claiming that the assessment violated Proposition 13’s requirement of a two-thirds vote to raise property taxes.

However, a Superior Court judge disagreed, ruling that state law allows Rossmoor to form an assessment district. That ruling was upheld last week by the appellate court.

Dorton could not be reached Wednesday to comment on whether she intends to pursue the case in the California Supreme Court.

Sheldon said it was unclear when the Community Services District could begin the bond sale.

“We’ll ask the opinion of our bond counsel,” Sheldon said. “Normally, we have to wait for the other side to make an appeal. But this is a unique case.”

Rossmoor, an unincorporated area, does not have a City Council. Instead, it is governed by a district board made up of members elected by the voters. The board manages the various services provided to residents, such as park maintenance and street sweeping.

The plan to turn the school site into a park has divided Rossmoor residents. Some claim that the park will only be a magnet for gangs and vandalism. Others say the park is necessary for sports and leisure activities. A master plan has been developed to preserve some of the buildings for community activities.