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SAN MARCOS WATER DIST. v. SAN MARCOS UNIFIED SCH

Docket No. D001951.

190 Cal.App.3d 1083 (1987)

235 Cal. Rptr. 827

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

Court of Appeals of California, Fourth District, Division One.

March 31, 1987.

Attorney(s) appearing for the Case

COUNSEL

Lynn R. McDougal and McDougal, Meloche, Love & Eckis for Defendant and Appellant.

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

OPINION

WIENER, Acting P.J.

We consider this case on remand from the Supreme Court following its decision at 42 Cal.3d 154 [228 Cal.Rptr. 47, 720 P.2d 935]. In that decision, the court held that a "capacity fee" assessed by the San Marcos Water District (Water District) against all users of it sewer system, including the...

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