Why 90 is Needed Here!

Del Norte County is withholding the funds used by Pacific Shores to work for the fair resolution of the issues at Pacific Shores. Prop 90 would allow the owners to get into court and get a fair settlement for their loss.

We are publishing the following letter to show the feelings most Pacific Shores owners have toward the Water District and the County.

This is not the view you are fed by the local newsgroup.

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An open letter to the people of Del Norte County from the President of the Pacific Shores Property Owners Association.
PSPOA represents the property owners in Pacific Shores, especially their property rights.

On August 8, 2006 the Del Norte County Board of Supervisors passed a resolution to withhold the payment to the Pacific Shores Subdivision California Water District in the amount of $225,000 in tax money due the District.

PSPOA is not the Water District, we pay our taxes to the District.


On October 10, 2006, the President of the Pacific Shores Subdivision California
Water District met with the Del Norte County Board of Supervisors to appeal the Boards decision of August 8, 2006 to withhold payment of funds in the amount of $225,000 owed to the Water District from Chapter 8 sales in their District that were sold to the State of CA. (These were tax defaulted lots in the subdivision and were withheld from public auction and sold to the state.)


The results of the Supervisors Meeting on October 10, 2006, we are not giving the District their $225,000. Instead they discussed some type of plan that would ask the 858 property owners to swap their deeds on their ½ acre lots for some type of timeshare on a 10 acre parcel (sounds like what they discussed, I haven’t seen the plans yet maybe just
an idea thought of on the toilet, who knows?).

First and foremost, let it be known to everyone, no discussions by PSPOA of any plan will be discussed until the $225,000 plus interest is in the bank account of the Pacific Shores Subdivision California Water District. PSPOA started the Water District in 1987 to help fund all the studies required by all the agencies and to this very day we support them 100 %.

PSPOA also wrote to the Board of Supervisors on October 9, 2006 appealing the decision
made at the August 8, 2006 Board meeting to withhold the Water District Funds.

Zero, notta, none of our appeal was written up in your local newspaper why?

So now, it can be read on your site: thank you
It reads in part:

It is the opinion of PSPOA that the Del Norte County Board of Supervisiors is reading
The CALIFORNIA CONSTITUTION ARTICLE 13 TAXATION SEC.32 BACKWARDS

CALIFORNIA CONSTITUTION ARTICLE 13 TAXATION SEC.32.
Legal or equitable process to prevent prohibited.
No legal or equitable process shall issue in any proceeding in any court against this State
or any officer thereof to prevent or enjoin the collection of any tax. After payment of a
Tax claimed to be illegal, an action may be maintained to recover the tax paid, with interest, in such manner as may be provided by the legislature.

Conclusion: pay the amount due the PSSCWD (a state agency) now plus interest.
If the Del Norte County Board of Supervisors feels that the District tax claim is illegal feel free to pursue the second part of the Constitution. After payment of a tax claimed to be Illegal, an action may be maintained to recover the tax paid, with interest, in such manner as may be provided by the legislature.

One recommendation that was suggested at the August 8, 2006 meeting of the Del Norte
Board of Supervisors, was that the Supervisors should hold the Districts money until a
Court of law made a decision on the withheld chapter 8 money. The PSPOA agrees with
this recommendation and will demand that the PSSCWD go straight to the District Attorneys office if necessary.

Property owners in Del Norte County, don’t panic by what you read in the newspaper. If
I make a comment to the newspaper, after I read it, I think that the opposition wrote it.
When a paper says they have the right to edit, you are doomed.


Thank for your support


Thomas W. Resch
President, PSPOA

My Bio: I’m the person that breached the lake in 1994 when our properties were flooded, had five federal agents come to my house with guns and a search warrant for PSPOA records. Had to pay a $5000.00 fine for protecting the property of others and do 18 months probation. And your County wants to keep our tax money and cut us a deal. What do you think?