Tormey

In a declaratory relief action plaintiff appeals from a judgment declaring invalid an election increasing the maximum tax rate of the district.

Question Presented

Was the election invalid because of failure to publish notice of the election %

Record

Plaintiff district is an elementary school district in San Mateo County. For five years the district has operated its five schools on a maximum tax rate of $1.99 on each $100 of assessed valuation, authorized in an election held pursuant to section 20803, Education Code. This authorization expired June 30, 1963. Unless the election herein considered is valid, on that date the tax rate reverted to 90 cents (see Ed. Code § 20751). The district for the last few years has, in fact, used the full $1.99 rate.

On February 5, 1963, the governing board of said district (hereinafter referred to as the board) adopted resolution 59 calling for the holding of an election to increase the maximum tax rate of the district to $2.16, and consolidated the election with the election for members of the board to be held April 16, 1963, as provided for in section 20805. The election for members of the board was called for and held in compliance with all…