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SAN MARCOS WATER DIST. v. SAN MARCOS UNIFIED SCHOOL

Docket No. L.A. 32134.

42 Cal.3d 154 (1986)

720 P.2d 935

228 Cal. Rptr. 47

SAN MARCOS WATER DISTRICT, Plaintiff and Respondent, v. SAN MARCOS UNIFIED SCHOOL DISTRICT, Defendant and Appellant.

Supreme Court of California.

July 21, 1986.

Attorney(s) appearing for the Case

COUNSEL

Lynn R. McDougal, Patrick F. O'Connor and McDougal, Meloche, Love & Eckis for Defendant and Appellant.

James E. Holst, George L. Marchand, Christine Helwick, Allen B. Wagner, Ron Apperson and Ada R. Treiger as Amici Curiae on behalf of Defendant and Appellant.

Smith & Peltzer, Vernon A. Peltzer and Jeffrey G. Scott for Plaintiff and Respondent.

James K. Hahn, City Attorney (Los Angeles), Thomas C. Bonaventura, Senior Assistant City Attorney, John F. Haggerty, Assistant City Attorney, Arthur G. Kidman, David B. Cosgrove, Rutan & Tucker, Robert G. Boehm, City Attorney (Chico), George Agnost, City Attorney (San Francisco), and Patrick J. Sampson, City Attorney (Pomona), as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

LUCAS, J. —

I. INTRODUCTION

Are utility fees for capital funding "special assessments" from which public entities are exempt, or "user fees" which public entities must pay? This case presents the question whether the San Marcos Unified School District (school district) is obligated to pay "sewer capacity right fees" (capacity fees) imposed by the San Marcos Water District (water district). The capacity fees...

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