Newhall School Dist. v. Acton-Agua Unified School Dist. CA2/3

INTRODUCTION

Plaintiff school district filed a petition seeking a writ of mandate (Code Civ. Proc., § 1085) to compel defendant school district to rescind the approval of the petition of real party in interest for a charter for an elementary school to be located outside the boundaries of defendant’s district and within plaintiffs’ district. The trial court declined to rescind the charter ab initio for violation of the Charter Schools Act of 1992 (Ed. Code, § 47600 et seq.).1 Instead, the court remanded the matter to defendant to hold a new hearing that complied with the provisions of the Act for placing charter schools out of district. (§§ 47605 & 47605.1.) Plaintiff’s appeal challenges the court’s refusal to revoke the charter immediately while remanding the case to defendant. After plaintiff filed its appeal, defendant held a new hearing, as directed by the trial court, and approved a new charter, and real party in interest surrendered the charter at issue. We hold the appeal is moot because plaintiff seeks to rescind a charter that no longer exists and so we are unable to provide plaintiff with any effective relief. We dismiss the appeal as moot.

SUMMARY OF FACTS AND…