Amoroso

1. Introduction

Plaintiffs Morgan Hill Unified School District and Morgan Hill Unified School District School Building Corporation brought this action in October *1085 1985 to validate their proposed issuance and sale of $3.75 million worth of bonds for additions and improvements to a high school. The high school was constructed pursuant to approval by local voters in 1972. Defendant Fred Amoroso responded to this action as a taxpayer. Plaintiffs appeal from the court’s determination after trial that the voters in November 1972 did not authorize the construction now proposed by way of lease amendment and supplemental indenture.

One week before trial, on February 19, 1986, this court issued a published opinion entitled Pajaro Valley Unified School Dist. v. Garcia (Cal.App.) H000460, which the trial court considered determinative. On May 8, 1986, the California Supreme Court granted a petition for review of our decision. On December 4, 1986, we granted a motion to stay briefing in this case pending the California Supreme Court’s issuance of a remittitur in that case. On April 16, 1987, the Supreme Court dismissed review pursuant to California Rules of Court, rule 29.4…