Canyon North Co. v. Conejo Valley Unified School District

This appeal is from judgments in favor of defendants in two lawsuits consolidated for trial. In action No. 96878 plaintiffs are a general partnership, a joint venture and a corporation. It relates to a parcel of real property, 11.45 acres in size, located in the City of Thousand Oaks.

Defendants are the Conejo Valley Unified School District (hereinafter the District), its governing board, the individual board members and its superintendant. In action No. 102422 the sole plaintiff is the general partnership that is one of the plaintiffs in action No. 96878. The action relates to two parcels of real property within Thousand Oaks. One is 6.99 acres and the other 28.67 acres in size. The defendants are the District, its board and the City of Thousand Oaks.

In each case appellants and plaintiffs paid, under protest, school facility fees levied by the District pursuant to Government Code section 53080. By these consolidated actions they seek recovery of a portion of such fees.

Appellants base their claim upon three contentions. One is that they are entitled to exemption pursuant to section 65995, subdivision (c). The second is based upon subdivision (b) of the same section.…