Victoria Groves Five v. Chaffey Joint Union High School District

Opinion

DABNEY, Acting P. J.

Defendant, Chaffey Joint Union High School District (District), appeals from a judgment awarding plaintiff, Victoria Groves Five, a California partnership, (Victoria), a refund of school facility fees. We reverse.

Factual and Procedural Background

In September 1986 the Legislature enacted Government Code 1 sections 53080 2 and 65995 3 which authorized school districts to levy school facility fees on development. Under these statutes, the District adopted a resolution to levy a fee of $.47 per square foot on covered or enclosed space in new residential development. On…