School District No. 48 v. Unified Sewerage Agency

Defendant appeals from a judgment holding as a matter of law that it was not entitled to charge a sewer connection fee for an expansion by plaintiff of its existing maintenance facilities and overruling defendant’s demurrer to the complaint for declaratory judgment on the ground that the exclusive remedy under the circumstances was by writ of review.

In 1974, plaintiff constructed the original building housing its maintenance facility and was charged a connection fee based on a rate calculated as equivalent to the standard dwelling units for the area covered by the facility. That fee was paid.…