Franklin-McKinley School District v. City of San Jose

Introduction

Defendant City of San Jose (City) on April 7, 1988, adopted Ordinances Nos. 22758 through 22761 approving redevelopment plans for three new redevelopment project areas (Alum Rock Avenue Project Area, East Santa Clara Street Project Area, and Almaden-Gateway Project Area) and merging two of the three new areas (Alum Rock Avenue Project Area and East Santa Clara Street Project Area) with nine preexisting redevelopment project areas in San Jose. On June 1, 1988, plaintiff Franklin-McKinley School District (District) filed an action to determine the validity of these redevelopment projects (Code Civ. Proc., § 863 and Health & Saf. Code, §§ 33500, 33501 ) and also sought injunctive relief.

Plaintiff is a school district whose boundaries do not include any property in the three new redevelopment project areas, but whose boundaries do include the Rincon de Los Esteros Project Area, one of the nine preexisting redevelopment project areas which were merged.

The trial court rendered judgment for defendants, concluding that District lacked standing to prosecute the action; but also finding, in the alternative, that the administrative record did not show procedural…