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SAN JOSE UNIFIED SCHOOL DIST. v. SANTA CLARA COUNTY OFFICE OF EDUCATION

No. H041088.

7 Cal.App.5th 967 (2017)

SAN JOSE UNIFIED SCHOOL DISTRICT et al., Plaintiffs and Respondents, v. SANTA CLARA COUNTY OFFICE OF EDUCATION et al., Defendants and Appellants; ROCKETSHIP EDUCATION et al., Real Parties in Interest and Appellants.

Court of Appeals of California, Sixth District.

January 24, 2017.

Attorney(s) appearing for the Case

Maribel S. Medina ; Akin Gump Strauss Hauer & Feld, Rex S. Heinke , Michael C. Small , Andrew Scully Oelz ; Young, Minney & Corr and Paul C. Minney for Defendants and Appellants.

Reed Smith, Raymond A. Cardozo and Kevin M. Hara for League of California Cities as Amicus Curiae on behalf of Defendants and Appellants.

Ricardo Jesus Soto , Julie Ashby Umansky , Phillip L. Altmann ; Latham & Watkins, James L. Arnone , Winston Peter Stromberg and Daniel Jennings Aleshire for California Charter Schools Association as Amicus Curiae on behalf of Defendants and Appellants

Akin Gump, Strauss Hauer & Feld, Andrew Scully Oelz ; Young, Minney, & Corr and Paul Christian Minney for Real Parties in Interest and Appellants.

Burke, Williams & Sorensen, John Yeh , Amy Eileen Hoyt ; Law Offices of Christopher Schumb and Christopher E. Schumb for Plaintiffs, and Respondents:

OPINION

Government Code section 53094, subdivision (b) authorizes "the governing board of a school district" to "render a city or county zoning ordinance inapplicable to a proposed use of property by the school district," under certain circumstances.1 The parties to this appeal dispute whether...

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