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WARMINGTON, ASSOCS. v. TUSTIN UNIFIED SCHOOL DISTRICT

No. G027494.

124 Cal.Rptr.2d 744 (2002)

101 Cal.App.4th 840

WARMINGTON OLD TOWN ASSOCIATES, L.P., Plaintiff and Respondent, v. TUSTIN UNIFIED SCHOOL DISTRICT, Defendant and Appellant.

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

August 30, 2002.

Attorney(s) appearing for the Case

Bowie, Arneson, Wiles & Giannone, Wendy H. Wiles, Newport Beach, Leonie Mulvihill and Tiffany J. Israel, for Defendant and Appellant.

Palmieri, Tyler, Wiener, Wilhelm & Waldron, Don Fisher and Paul B. La Scala, Irvine, for Plaintiff and Respondent.

OPINION

MOORE, J.

In this case of first impression, we decide whether redevelopment construction is exempt from the imposition of school-impact fees under Education Code section 17620, subdivision (a)(1)(C)(i). The statutory provision does not expressly address redevelopment construction. However, the legislative history and the statutory exemptions given other types of construction under Education Code sections 17620, subdivision (a)(1)(A), and 17626 convince...

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