CP V Walnut v. Fremont Unified School Dist. CA1/2

BACKGROUND

The briefs filed by the parties demonstrate that they are thoroughly familiar with the genesis of this controversy (even if not all of that knowledge made it into the briefs). In the interests of brevity, we mention only the salient highlights. However, coherence requires an initial examination of the purpose of the fees, and how they are calculated. The Problem’s History In 1993, our Supreme Court summarized the complicated evolution of public school finance: “ ‘In California the financing of public school facilities has traditionally been the responsibility of local government. “Before the Serrano v. Priest [5 Cal.3d 584] decision in 1971, school districts supported their activities mainly by levying ad valorem taxes on real property within their districts.” [Citation.] Specifically, . . . school districts . . . financed the construction and maintenance of school facilities mainly through the issuance of local bonds repaid from real property taxes.’ [Citation.] “ ‘In the early 1970’s, in the wake of increased resistance throughout California to rising property taxes, local governments found themselves faced with the task of devising new methods to finance…