Emerich

I. Introduction

If a local public entity desires to issue a bond to be repaid by taxes on real property it must generally obtain approval of two-thirds of its voters. (Cal. Const., art. XIII A, § 1, subd. (b)(2).) Proposition 39 reduced the approval requirement to 55 percent for bonds issued by school districts, community college districts, and county offices of education to pay for certain types of projects. The 55 percent approval applies only if the bond proposition submitted to the voters meets the accountability requirements specified by Proposition 39. (Prop. 39, § 4, as approved by voters, Gen. Elec. (Nov. 7, 2000); art. XHI A, § 1, subd. (b)(3).)

On June 6, 2006, voters in Foothill-De Anza Community College District (District) approved a school bond proposition (Measure C) by a vote of 65.69 percent. The District promptly filed an action to validate its resolutions implementing the measure. (Code Civ. Proc., § 860 et seq.) Defendants Melvin L. Emerich and Aaron L. Katz opposed the District’s action, arguing that Measure C did not meet the Proposition 39 requirements for approval by 55 percent of the voters. Since the measure had fallen short of a two-thirds…