North State Development Co. v. Pittsburg Unified School District

Plaintiffs North State Development Company (North State) and A. D. Seeno Construction Company (Seeno) appeal from the judgment dismissing their case after a demurrer was sustained to their third amended mandamus petition challenging the imposition of a “school facilities fee” on new residential construction by defendant Pittsburg Unified School District (the District). We conclude the trial court erred in applying the statute of limitations contained in Government Code section 54995 in sustaining the demurrer to a portion of the petition. We hold that sections 66008 and 66017 provide the procedures for challenging the fee imposed, which plaintiffs failed to follow. We affirm the judgment.

Section 53080, enacted in 1986 (added by Stats. 1986, ch. 887, § 8, p. 3080 and amended by Stats. 1986, ch. 888, § 6, p. 3091), empowers school districts to impose a fee on new residential and commercial developments to pay the cost of constructing or reconstructing school facilities (§ 53080, subd. (a), as amended by Stats. 1986, ch. 888, § 6). Cities and counties are prohibited from issuing building permits absent certification by the District that the developer has paid or otherwise…