Deirdre Newman
A Superior Court judge's decision Thursday to expand a property
tax case from a single-plaintiff to a class-action lawsuit could
spell years of financial misery for the area.
Judge John Watson found that a class of property owners exist that
has been affected by "recapturing," or the raising of property
assessment above the 2% limit required by Proposition 13. Watson
declared unconstitutional last December the practice of recapturing
lost assessment when a home loses value and then rebounds.
While Watson did not declare how many people are eligible to be
part of the suit, Steven Harris, the original plaintiff's attorney,
estimated it to be more than one million.
"It was just like a huge procedural hurdle that we surmounted,"
Harris said. "It was a great result for the taxpayers of Orange
County because now they're protected basically by the result of this
case. If we succeed on appeal, they will benefit."
But that benefit will come at the expense of the Newport-Mesa
Unified School District and cities of Costa Mesa and Newport Beach.
If the lawsuit survives expected appeals, the county would be legally
required to refund millions of dollars that normally go to these
agencies and would not receive the revenue it usually does from the
practice of recapturing.
The original case began when Rob Pool, a property tax lawyer, sued
the county for raising his property assessment above the 2% limit.
The county assessor challenged the potential of a class-action
lawsuit in April, which was denied.
A report issued by the county auditor-controller in January showed
that a successful class-action lawsuit that included all affected
taxpayers between 1998 and 2002 would deprive the county of $285
million through refunds and reduce by $147 million a year the tax
base for school districts, cities and other agencies that rely on
property taxes.
Newport-Mesa schools could lose as much as $11.5 million the first
year, though officials said a loss would probably be closer to $4
million. In subsequent years, the district could lose nearly $6
million.
Newport Beach faces a shortfall of $3.4 million the first year and
$1.7 million in subsequent years. Costa Mesa would get off the
easiest, with an estimated $1.5-million loss the first year and
$780,000 in subsequent years.
The next step is a hearing at the end of January when Harris will
ask Watson to require the county to send out a notice to all property
owners who are eligible for a refund. A final judgment in the case
