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Legal Opinion

Shapell Industries, Inc. v. Governing Board

California Court of Appeal

Decided November 22, 1991No. H006752PublishedCited by 76 opinions

1Opinion of the Court

Opinion

BAMATTRE-MANOUKIAN, J.

In 1987, the governing board of the Milpitas Unified School District (District) passed two resolutions which authorized the levy of a “school facilities fee” of $1.50 per square foot on new residential development and $0.25 per square foot on new commercial and industrial development throughout the District. Developers were required to pay fees in those amounts to the District as a condition of obtaining a building permit. Shapell Industries, Inc., a developer, tendered payment under protest and brought suit against the District seeking invalidation of both…

2Cases cited33 opinions

  1. Strumsky v. San Diego County Employees Retirement Assn.California Supreme Court · 1974
  2. Topanga Assn. for a Scenic Comm. v. CTY OF LOS ANGELESCalifornia Supreme Court · 1974
  3. No Oil, Inc. v. City of Los AngelesCalifornia Supreme Court · 1974
  4. Lockard v. City of Los AngelesCalifornia Supreme Court · 1949
  5. Faulkner v. California Toll Bridge AuthorityCalifornia Supreme Court · 1953

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3Cited by76 opinions

  1. Western States Petroleum Assn. v. Superior CourtCalifornia Supreme Court · 1995
  2. Sinclair Paint Co. v. State Board of EqualizationCalifornia Supreme Court · 1997
  3. Grupe Development Co. v. Superior CourtCalifornia Supreme Court · 1993
  4. American Coatings Ass'n v. South Coast Air Quality Management DistrictCalifornia Supreme Court · 2012
  5. Garrick Development Co. v. Hayward Unified School DistrictCalifornia Court of Appeal · 1992

71 more not listed; retrieve them via the Exa API.

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