Trend Homes, Inc. v. Central Unified School District

Statement of the Case

Trend Homes, Inc. (Trend), and Land Dynamics appeal the judgment dismissing their first amended complaint against Central Unified School District (CUSD) and James R. Henderson, the director of business and financial services for CUSD. By their complaint, appellants sought declaratory relief and restitution of school facilities fees paid to CUSD as a condition of the approval of appellants’ residential developments. Appellants alleged that these fees were invalid under California Constitution, articles XIII A and XIII B. Specifically, the first cause of action sought a declaration that the fees were invalid under article XIII A, the second cause of action sought a declaration that the fees were invalid under article XIII B, the third cause of action sought to enjoin respondents from imposing future fees, and the fourth cause of action sought restitution of all the fees that had been paid.

Respondents’ demurrer to the first amended complaint was sustained without leave to amend on the grounds that appellants’ causes of action were barred by: (1) the 120-day statute of limitations for an action to “attack, review, set aside, void or annul an…