Victoria Groves Five v. Chaffey Joint Union High School District

Defendant, Chaffey Joint Union High School District (District), appeals from a judgment awarding plaintiff, Victoria Groves Five, a California partnership, (Victoria), a refund of school facility fees. We reverse.

Factual and Procedural Background

In September 1986 the Legislature enacted Government Code sections 53080 and 65995 which authorized school districts to levy school facility fees on development. Under these statutes, the District adopted a resolution to levy a fee of $.47 per square foot on covered or enclosed space in new residential development. On January 8, 1987, Victoria paid the District a school facility fee of $146,497, based on all covered or enclosed area in its residential development.

On March 14, 1988, in emergency legislation (Stats. 1988, ch. 29) effective the same day, the Legislature amended sections 53080 and 65995 to limit a school district’s authority to impose school facility fees on new residential construction to “habitable area.” The amendment to section 65995 provided for a fee of no more than $1.50 per square foot of habitable space for any residential development and defined “habitable space” as “the space determined by the…