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NEW WEST CHARTER MIDDLE SCHOOL v. LOS ANGELES UNIFIED SCHOOL DIST.

No. B215777.

187 Cal.App.4th 831 (2010)

114 Cal. Rptr. 3d 504

NEW WEST CHARTER MIDDLE SCHOOL, Plaintiff and Appellant, v. LOS ANGELES UNIFIED SCHOOL DISTRICT et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Three.

As modified September 1, and September 8, 2010.

Attorney(s) appearing for the Case

Procopio, Cory, Hargreaves & Savitch, John C. Lemmo, Gregory V. Moser; Middleton, Young & Minney and Paul C. Minney for Plaintiff and Appellant.

Latham & Watkins, James L. Arnone and Winston P. Stromberg for California Charter Schools Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Strumwasser & Woocher, Gregory G. Luke, Aimee Dudovitz, Beverly Grossman Palmer; David R. Holmquist and Mark S. Fall for Defendants and Respondents.

OPINION

CROSKEY, J.

Proposition 39, approved in 2000, amended Education Code section 47614 to provide, in pertinent part, "Each school district shall make available, to each charter school operating in the school district, facilities sufficient for the charter school to accommodate all of the charter school's in-district students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending other public schools...

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