Sunday, July 21, 2013

Lawsuit calls California rural 'fire tax' illegal

Thousands of Californians living in rural areas are waiting eagerly for a court ruling on whether their lawsuit against the state can move forward.

That suit challenges the so-called "fire tax" as being illegal.

On Friday, challengers put on a colorful display in Sacramento Superior Court, wearing bright red T-shirts that proclaimed: "Burned by the fire tax."

"We're here fighting because we're not getting a bang for our buck. That's the bottom line," said Patrick Wagner, a Nevada City resident.

Thousands of rural residents in California are paying what the state calls a fire-prevention fee. But opponents claim it's really an illegal tax because it was not approved by a two-thirds vote of the California legislature.

"Approximately 825,000 people live in the State Responsibility Area and we are subject to this tax and paid for it. And our hope is to get everyone's money back," said Tim Bittle, Howard Jarvis Taxpayers Association.

With more than $100 million at stake, attorneys for the state insist the fees are fully legal -- and that challenges must go first through the Board of Equalization.

In court, Deputy Attorney General Jake Berman said, "While it may be unfortunate that some people could not file, it is not a question for this court to resolve. They haven't exhausted their administrative remedies, so that's it."

But those fighting the fire fees insist they're already paying for fire protection, through their local fire departments.

"It's one more example of how the government doesn't take care of the needs of the citizens. They just ram through what they think is important," said Bob Currie, a Georgetown resident.

Source: http://www.kcra.com/news/lawsuit-calls-california-rural-fire-tax-illegal/-/11797728/21078072/-/gyu0hg/-/index.html?absolute=true

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