Loyola Marymount University v. Los Angeles Unified School District
Opinion
Opinion
Nott, J.
The Los Angeles Unified School District (LAUSD) appeals from a judgment in favor of Loyola Marymount University (Loyola) following a hearing on Loyola’s petition for writ of mandate. (Code Civ. Proc., § 1085.) The judgment ordered the LAUSD to refund school development fees of $37,483, plus interest, paid by Loyola under protest. We reverse.
Facts and Procedural History
Loyola is a nonprofit educational corporation and Catholic institution of higher learning located in the Westchester community of the City of Los Angeles. As an “educational institution of collegiate grade . . . not conducted for profit,” Loyola has eminent domain power to acquire “any property necessary to carry out any of its powers or functions.” (Ed. Code, § 94500.) Loyola exercised its power of eminent domain and acquired vacant land, known as the Leavey campus, adjacent to its existing campus.
Originally zoned for residential use, the Leavey campus became subject to the same zoning restrictions as the main campus after its acquisition by Loyola. The Loyola campus has a special zoning designation of (Q) R4-1, and the use conditions imposed pursuant to that designation are known as the “Q”…