Howard Jarvis Taxpayers Ass'n. v. Whittier Union High School District

The instant case presents an issue of first impression, i.e.: May school districts qualify as “special districts” within the meaning of the Landscaping and Lighting Act of 1972 (the Act)? (Sts. & Hy. Code, § 22500 et seq.) The trial court concluded they do and entered summary judgment in favor of defendants Whittier Union High School District and Bonita Unified School District. Plaintiffs Howard Jarvis Taxpayers Association et al. appeal, challenging that determination.

Respondent Whittier Union High School District owns and operates the facilities and grounds at six high schools located within its established geographic boundaries. Respondent Bonita Unified School District owns and operates a total of 13 elementary, middle and high schools serving the area within its established boundaries. The facilities and grounds at these various locales include auditoriums, meeting rooms, gymnasiums, stadiums, tracks, playing fields, courts and swimming pools.

A majority of the time the foregoing facilities serve as recreation and civic centers for groups and individuals who live and work within the school districts’ geographic boundaries. The activities engaged in by community…