Rizzo

Anne Rizzo and Thomas Thai appeal a summary judgment entered against them in favor of defendants the Board of Trustees of the California State University System, Barry Munitz, Chancellor of the California State University System, and Thomas Day, President of San Diego State University, and intervener Associated Students, San Diego State University.

In 1969, the California State University System (CSU) built a student union facility, Aztec Center, at San Diego State University (SDSU). The project was underwritten by revenue bonds (Series A bonds) issued pursuant to the State University Revenue Bond Act of 1947 (1947 Bond Act). (Ed. Code, § 90010 et seq.) CSU now proposes to construct a Student Activity Center (SAC) at SDSU. The SAC is to be underwritten by Series B bonds issued pursuant to the 1947 Bond Act. The Series B bonds are to be serviced by a portion of mandatory student union fees levied on all students. The fees are currently set at $126 per year. Increased fees dedicated to the SAC have been collected from SDSU students since 1988 and are to be collected in the future. The Series B bonds for the construction of the SAC have yet to be issued. In this declaratory…