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Measure B legal challenge continues

The legal challenge to Measure B continues. Mountain View attorney Gary Wesley filed a petition for rehearing Nov. 1 following a state Court of Appeal ruling Oct. 18 upholding the validity of the 2016 voter-approved measure to fund transportation projects.

Wesley, on behalf of his client, Cheriel Jensen of Saratoga, filed a lawsuit last year seeking to invalidate the half-cent sales tax, claiming its language did not specify how funds would be spent.

Measure B is expected to generate $6.3 billion for Santa Clara County transportation improvements over 30 years. One of the higher-priority projects under Measure B is a Santa Clara Valley Transportation Authority redesign of Foothill Expressway in Los Altos that includes lane additions along Foothill and an additional through lane on El Monte Avenue.

Measure B funds, however, cannot be spent while undergoing a legal challenge. Wesley indicated that he would take the case to the state Supreme Court if necessary.

“In my view, the Court of Appeal is quite wrong,” Wesley said after the Oct. 18 ruling. “The plaintiff-appellant will petition for reconsideration within 15 days and, barring reconsideration, will petition the California Supreme Court to review the ruling.”

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