California Court of Appeal

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Cresta Bella, LP v. Poway Unified School District, D060789

Judgment for defendant on plaintiff's challenge to the imposition of school impact fees on plaintiff's residential development project involving the demolition of an existing apartment complex and construction of a new, larger apartment complex, is reversed and remanded, where: 1) under the statutory scheme applicable to school impact fees, the fees should not be imposed for the square footage already in existence at the time of the new development project, absent a study that reasonably supports that reconstruction of preexisting square footage increases student population; 2) defendant's school impact fee study did not make this showing; and accordingly, 3) plaintiff is entitled to a refund of the portion of the fees derived from the preexisting square footage in its project.

Appellate Information

  • Decided 07/31/2013
  • Published 07/31/2013

Judges

  • HALLER

Court

  • California Court of Appeal

Counsel