LEGAL BRIEF by Dr. Gavin M. Erasmus |
Dr. Erasmus is a California attorney and a constitutional lawyer with a D.Phil. in Law from the University of Oxford in England. His LEGAL BRIEF, dated October 9, 2018, details 25 OBJECTIONS in law (both constitutional and statutory) to the proposed $26.4 million annual tax on about 190,000 parcels countywide (covering approximately 12 million acres and 19,000 square miles). The proposed new tax will impose about A BILLION DOLLARS IN NEW TAXES by the year 2050, WITHOUT ANY YES-NO VOTE by 368,000 citizens of California, in violation of Prop. 218 and Art. XIII-C of the Constitution [47 pages] |
ATTACHMENT "I" to LEGAL BRIEF |
This Attachment gives details of the original vote in 2006 by only 1,022 people in the 5.6 square mile tiny desert town of Helendale, whose vote twelve years ago is now in an over-reaching and unconstitutional way being used by the County Fire District as the basis to deny 368,000 people their right to vote on this new tax in 2018, and mushrooming their power out now to swallow up an area 3,400 times the size of the original Helendale local improvement district, in direct violation of Proposition 218 and Art. XIII-C of the California Constitution [14 pages] |
ATTACHMENT "II" to LEGAL BRIEF |
This Attachment gives details of a proposed SOLUTION: namely, the alternative of a fair and constitutional tax based on LAND USE of each parcel, with a sliding scale ranging from a very low tax for parcels of vacant land (which need very little "fire protection") to a higher tax for industrial sites like paint factories full of flammable solvents (which need considerable "fire protection"), based on the example of a fair and just Ordinance adopted by the City of Huntington Park in 2004 [5 pages] |
Protest Letter by Pat Jackson and Memo of Law |
Protest letter by Pat Jackson and his very persuasive accompanying MEMORANDUM OF LAW [8 pages] |
Protest Letter by Rick Sayers |
Protest letter by Rick Sayers [3 pages] |
Complaint Filed by The Red Brennan Group |
Complaint Filed in Court by Red Brennan Group |
Ex Parte Application by Red Brennan Group |
Ex Parte Application in Court by Red Brennan Group |
Ron M. Austin Petition for Writ of Mandate |
Ron M. Austin Petition in Court for Writ of Mandate |
County Response to Fred Stearn PRA Request |
County Response of November 5, 2018 to Public Records Act Request by Fred Stearn for all E-Mails received and sent by the Fire District re the FP-5 Expansion |
Motion for Preliminary Injunction by Red Brennan Group, filed November 16, 2018 |
EVERYONE SHOULD READ THIS OUTSTANDING LEGAL BRIEF FILED BY RED BRENNAN GROUP. Sincere thanks from the citizens of San Bernardino County to the Red Brennan Group and its President Tom Murphy for championing the cause of freedom in their court case. (Large file has been compacted to 6MB for easier loading) |