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SHAPELL INDUSTRIES, INC. v. GOVERNING BOARD

Docket No. H006752.

1 Cal.App.4th 218 (1991)

1 Cal. Rptr.2d 818

SHAPELL INDUSTRIES, INC., Plaintiff and Respondent, v. GOVERNING BOARD OF THE MILPITAS UNIFIED SCHOOL DISTRICT, Defendant and Appellant.

Court of Appeals of California, Sixth District.

November 22, 1991.

Attorney(s) appearing for the Case

COUNSEL

Hallgrimson, McNichols, McCann & Inderbitzen, Harvey Levine and John T. Schreiber for Defendant and Appellant.

Karen M. Steentofte as Amicus Curiae on behalf of Defendant and Appellant.

Bernard & Wood, Steven M. Bernard and Elise M. Balgley for Plaintiff and Respondent.

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...

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