Madsen

Madsen v. Oakland Unified School District

Good Law
119 Cal. Rptr. 531·1975 Cal. App. LEXIS 1710·45 Cal. App. 3d 574
Court of Appeal of CaliforniaFebruary 26, 1975Civ. 35276California3,050 words

Opinion

Opinion

Rattigan, J.

This litigation involves the legality of a grant of public funds made to respondent Oakland Unified School District by respondent City of Oakland. Commencing it as a purported citizen-taxpayer class action for declaratory relief against all the respondents, appellant Dean Madsen sought a judgment invalidating the grant and ordering reimbursement of the funds. After a nonjury trial at which the parties stipulated to all the pertinent facts, the trial court entered a judgment which expressly disallowed appellant’s various contentions and denied relief. He appeals from the judgment.

Facts

During the 1972-1973 school year, respondent school district experienced an unexpected decline in average daily attendance which produced a proportionate reduction in the district’s state aid and a consequently anticipated deficit of $700,000 in the district’s general fund. On February 13, 1973, John H. Reading (the mayor of respondent city) publicly proposed that the Oakland City Council appropriate $700,000 to provide financial assistance to the school district. Formal request for the appropriation was made by the- school district at a public meeting of the city council on March 6. The…

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