SUTCO CONSTRUCTION COMPANY, INC. v. Modesto High School Dist.

Appellants Modesto High School District, Modesto City School District, Empire Union School District and Stanislaus Union School District (Districts or appellants) appeal from a peremptory writ of mandate in favor of respondents Sutco Construction Company, Inc. (Sutco), Steven Paul Zagaris Development Company (Zagaris), and Vintage Faire Development Company, Inc. (Vintage Faire), (Developers), commanding the school districts to set aside prior impositions of school facility fees and refund all fees collected from respondents Sutco and Zagaris, and to cease further assessments pursuant to City of Modesto Ordinance No. 2438-C.S.

Statement of Facts

On July 15, 1986, the City of Modesto adopted Ordinance No. 2438-C.S., entitled “School Site and Facility Fees,” for the express purpose of providing an “additional source of revenue for school site acquisition and improvement and buildings in the school districts so that complete school sites and facilities can be provided.” Section 3 of the ordinance, entitled “Effective Date,” states, “This ordinance shall go into effect and will be in full force and operation from and after sixty (60) days after its final passage and…