Former San Diego city councilmember Scott Sherman has filed a court petition seeking substantive changes to a proposed ballot measure that, if passed, would tax owners of additional homes that sit empty for more than half the year.<\/p>\n
In the writ of mandate obtained by CBS 8, former mayoral candidate Sherman claims that San Diego City Attorney Heather Ferbert’s impartial analysis of Measure A, also known as the ‘Empty Homes Tax,’ is false and misleading. Sherman also named City Clerk Diana Fuentes for her capacity as the city’s elections officer.<\/p>\n
In the legal challenge, Sherman’s attorneys argue that everything from the ballot title to the City Attorney’s analysis is flawed because there is no clear definition of an “empty home.”<\/p>\n
“The subject homes are not necessarily ’empty’; rather, Measure A defines ’empty’ by the number of ‘vacant’ days, with ‘vacant’ undefined. This use of ’empty,’ with an artificial definition inconsistent with the plain meaning of ’empty,’ is both false and misleading,” reads the Writ of Mandate.<\/p>\n
Sherman also claims that the city attorney\u2019s summary is not a true and impartial statement of the measure\u2019s purpose and will likely create voter prejudice, thus violating the city’s elections code.<\/p>\n
According to the ballot measure, owners of so-called empty homes will be taxed $8,000 a year if they remain vacant for 182 days. \u00a0Doing so, reasoned councilmembers, could generate anywhere from $12 Million to $30 Million annually.<\/p>\n