Bates v. Poway Unified School Dist.

FACTS

The District is governed by a five-member Board of Education (the Board). The District formed multiple community facilities districts (CFDs) within its boundaries pursuant to the Mello-Roos Community Facilities Act of 1982, codified in Government

All further statutory references are to the Education Code, unless otherwise indicated. All further California Code of Regulations references are to title 2 and will be abbreviated to “Reg.” For example, California Code of Regulations, title 2, section 1859.90.5 will be referred to as Reg. 1859.90.5.

2 2 Code section 53311 et seq. (Mello-Roos Act). The Homeowners reside in a community known as 4S Ranch, located within the District’s CFD No. 6. In 2013, the District formalized plans to construct an elementary school it believed would cost $81.5 million (the Project). The District financed the Project relying on special tax bonds funded by numerous CFDs. The Homeowners’ CFD contributed $24,980,807. In 2014, the District applied to the State Allocation Board (SAB) for grant funds through the School Facility Program (SFP) under the Leroy F. Greene School Facilities Act of 1998 (the Greene Act). (§ 17010, et seq.) When…