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WESTERN/CALIF. v. DRY CREEK JOINT ELEMENTARY SCH

Docket No. C020197.

50 Cal.App.4th 1461 (1996)

WESTERN/CALIFORNIA, LTD., et al., Plaintiffs and Appellants, v. DRY CREEK JOINT ELEMENTARY SCHOOL DISTRICT, Defendant and Appellant.

Court of Appeals of California, Third District.

October 31, 1996.

Attorney(s) appearing for the Case

COUNSEL

Gregory D. Thatch and Larry C. Larsen for Plaintiffs and Appellants.

Gary G. Kreep and Kevin T. Snider as Amici Curiae on behalf of Plaintiffs and Appellants.

Laurence B. Labovitz, Eisen & Johnston, Jay-Allen Eisen and Marian M. Johnston for Defendant and Appellant.

Kronick, Moskovitz, Tiedemann & Girard, P. Addison Covert, Pinnell & Kingsley, Paul Nicholas Boylan, Joseph R. Symkowick and Edmundo R. Aguilar as Amici Curiae on behalf of Defendant and Appellant.

OPINION

SIMS, J.

Pursuant to statutory authorization in place between January 1, 1993, and November 2, 1993 (former Gov. Code, § 65995.3,1 Stats. 1992, ch. 1354, § 5; Sen. Bill No. 1287 (1991-1992 Reg. Sess.) (Senate Bill 1287)), appellant Dry Creek Joint Elementary School District adopted a district-wide development fee of $1 per square foot on residential development for purposes of construction...

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