western/calif.

Western/California, Ltd. v. Dry Creek Joint Elementary School District

Good Law
1996 Cal. App. LEXIS 1076·50 Cal. App. 4th 1461·58 Cal. Rptr. 2d 220·96 Daily Journal DAR 13883·96 Cal. Daily Op. Serv. 8413
Court of Appeal of CaliforniaOctober 31, 1996C020197California14,205 words

Opinion

Opinion

Sims, J.

Pursuant to statutory authorization in place between January 1, 1993, and November 2, 1993 (former Gov. Code, § 65995.3, Stats. 1992, ch. 1354, § 5; Sen. Bill No. 1287 (1991-1992 Reg. Sess.) (Senate Bill 1287)), appellant Dry Creek Joint Elementary School District adopted a district-wide development fee of $1 per square foot on residential development for purposes of construction or reconstruction of school facilities. The fees were imposed on and paid under protest by developers in one part of the district—the Antelope area—which was already subject to “Mello-Roos” community facilities taxes (§53311 et seq.) for school facilities purposes. This mandamus action (Code Civ. Proc., § 1085) seeking refunds was then filed by the developers—Western/California, Ltd., a California Limited Partnership; U.S. Home Corporation, a Delaware Corporation, doing business as US Home; George Wimpey, Inc., a Delaware Corporation, doing business as Morrison Homes; Winncrest Homes, a California Corporation; and J&L Properties, California General Partnership (hereafter, the developers).

The developers argued among other things that the fee could not be imposed on the Antelope area because the…

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