By Cy Ryan (contact)

Wed, Sep 17, 2008 (11 a.m.)

CARSON CITY – Senior District Judge Charles McGee, who ruled that the initiative petition seeking to cap property taxes was invalid, is being accused of a conflict of interest in the case.

Former Assemblywoman Sharron Angle and her We the People Nevada group have filed a motion in the Nevada Supreme Court to vacate the ruling by McGee. The motion said McGee’s wife is employed by the Washoe County School District.

The Nevada State Education Association, a teachers union, filed suit to invalidate the petition.

Chief Justice Mark Gibbons has ordered the Nevada State Education Association to respond to the allegation by Thursday at 4 p.m.

Judge McGee ruled that some of the petitions circulated by supporters of We the People Nevada were faulty and there was not the required 58,628 signatures to put it on the November election ballot.

After McGee’s ruling, the Angle group filed an appeal to the Supreme Court. It now has filed a motion to vacate the injunction issued by Judge McGee and declare a mistrial because of the alleged conflict of interest.

The petition would limit property taxes to 1 percent on the base value of the property pegged to the fiscal 2003-2004. When the property is sold, the base value would increase annually only by 2 percent or inflation, whichever is smaller.

Nevada law presently limits property taxes for homeowners to increases of 3 percent a year.