Laguna Village, Inc. v. County of Orange

Laguna Village, Inc., a real estate developer, appeals an order granting summary judgment against it and in favor of the County of Orange and Saddleback Unified School District. Laguna contends a county ordinance requiring the payment of fees prior to issuance of a building permit is in violation of the school facilities act. (Gov. Code, § 65970 et seq.)

In April 1978 the county approved Laguna’s tentative map and conditional use permit. In July it adopted ordinance 3071, pursuant to the school facilities act, requiring payment of interim school facilities fees prior to issuance of a building permit in attendance areas found to be overcrowded.

Saddleback, in January 1980, requested building permits for its district be conditioned upon payment of these fees. In February 1980, Laguna was granted a two-year extension on its tentative map. By resolution in June, the county adopted Saddleback’s findings of overcrowding and made the ordinances, conditioning the issuance of building permits upon payment of fees, applicable to the Saddleback district. Laguna was refused a building permit unless it would agree to pay those fees. Payment was made under protest and in November,…