CSCDA v. ALL PERSONS INTERESTED

No. S124195.

55 Cal.Rptr.3d 487 (2007)

40 Cal.4th 788

152 P.3d 1070

CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, Plaintiff and Appellant, v. ALL PERSONS INTERESTED IN the MATTER OF the VALIDITY OF a PURCHASE AGREEMENT, Respondents.

Supreme Court of California.

March 5, 2007.


Attorney(s) appearing for the Case

Orrick, Herrington & Sutcliffe, Norman C. Hile, Sacramento, Margaret Carew Toledo, Michael C. Weed, Sacramento, Eugene J. Carron, Megan V. Hamilton, Los Angeles, Richard I. Hiscocks, San Francisco; and Gerald F. Uelmen, for Plaintiff and Appellant.

Sidley Austin Brown & Wood, Jeffrey A Berman, Mark E. Haddad, Los Angeles, Gene C. Schaerr and Nicholas 0. Miler, for Asuza Pacific University, California Baptist University, Oaks Christian School, Loma Linda University, The Association of Independent California Colleges and Universities, Association of Christian Schools International, Seventh-Day Adventist Church State Council and The Assemblies of God Financial Services Group as Amici Curiae on behalf of Plaintiff and Appellant.

Center for Law & Religious Freedom, Gregory S. Baylor, Steven H. Aden, M. Casey Mattox and Samuel B. Casey, for Council for Christian Colleges and Universities and Christian Legal Society as Amici Curiae on behalf of Plaintiff and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, James M. Humes, Chief Assistant Attorney General, Louis R. Mauro, Assistant Attorney General, Catherine Van Aken, Leslie R. Lopez and Zackery P. Morazzini, Deputy Attorneys General, for Respondents.

Jordan Budd, San Diego, Elvie Cacciavillani; Margaret C. Crosby; and Peter Eliasberg, Los Angeles, for American Civil Liberties Union Foundation of San Diego and Imperial Counties, American Civil Liberties Union Foundation of Northern California, Inc., and ACLU Foundation of Southern California as Amici Curiae on behalf of Respondents.


KENNARD, J.

Recognizing that an educated citizenry and workforce are vital to the preservation of the rights and liberties of the people of this state, California in 1879 included in its new Constitution a provision directing the state Legislature to encourage "by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement." (Cal. Const., art. IX, § 1.) Since 1879, our state Constitution has also included a provision prohibiting...

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