Alameda County Superior Court Judge Mark Burr has ruled in favor of the Alameda Unified School District on Measure H.

The judge made his ruling on May 28 and it was released Thursday.

In his decision Burr rejected all of the plaintiffs' claims and found that the structure of Measure H is uniformly applied and legal under state law.

Plaintiffs in the Beery et al v. Alameda Unified School District and Borikas et al v. Alameda Unified School District cases had sought to overturn Measure H, the parcel tax supporting Alameda schools that was passed by 66.9 percent of Alameda voters in June 2008.

"I am certainly not surprised by the court's ruling today," stated lead Plaintiff counsel David Brillant.

"The statement of decision is consistent with Judge Burr's previous rulings on the two motions for summary judgment. While I am disappointed in not prevailing at the trial court level, I knew from the outset of this case that it was headed to the appellate courts."

"I am thrilled with Judge Burr's decision", stated Superintendent Kirsten Vital. "His ruling is a victory for the students and the entire Alameda community who support and are proud of our quality schools."

"This ruling is so important in light of the devastating state budget cuts that AUSD is facing," continued Superintendent Vital. "Local funding through Measure H has protected the programs, teachers, and small class sizes we depend on."

Appeals can take considerable time and the timeline in which to obtain a decision from the Court of Appeal could be an additional 18 months. At that point, Measure H will have run its entire course.

The decision came after a two-year battle questioning the uniformity and constitutionality of the voter-approved Special Parcel Tax from the June 3, 2008 election.

More than 66 percent of voters passed the measure in an effort to put $4.5 million back into Alameda school district to save the level of education from statewide budget cuts. The measure requires homeowners to pay an annual parcel tax of $120 through 2012. Commercial and industrial property owners must pay between $120 and $9,500 dependent upon the size of their parcels.

Plaintiffs in two separate complaints John Beery, owner of an Alameda yacht dealership in his name and David Borikas, who owns several rental properties on the island, hired San Leandro based attorney Brillant in an effort to overturn Measure H stating the special parcel tax was not uniformly applied and violates the state constitution.