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Modification: 1901 First Street Owner v. Tustin Unified School District

Ruling by

Raymond J. Ikola

Lower Court

Orange County Superior Court

Lower Court Judge

Peter J. Wilson

Lower court did not err in ruling that assessable space - for purposes of calculating school impact fees imposed on a developer - is meant to include footage outside individual apartments, such as common areas, like fitness centers and interior hallways.





Court

California Courts of Appeal 4DCA/3

Cite as

2018 DJDAR 3089

Published

Apr. 6, 2018

Filing Date

Apr. 5, 2018

Opinion Type

Modification

Disposition Type

Affirmed


 

1901 FIRST STREET OWNER, LLC,

Plaintiff and Appellant,

v.

TUSTIN UNIFIED SCHOOL DISTRICT,

Defendant and Respondent.

 

No. G054086

(Super. Ct. No. 30-2015-00803234)

California Courts of Appeal

Fourth Appellate District

Division Three

Filed April 5, 2018

 

ORDER MODIFYING OPINION;

NO CHANGE IN JUDGMENT

 

It is ordered that the opinion filed herein on March 29, 2018, be modified as follows:

 

At the end of the last paragraph on page 5, delete footnote 3, which will require renumbering of all subsequent footnotes.

 

There is no change in the judgment.

 

IKOLA, J.

 

WE CONCUR:

O'LEARY, P. J.

THOMPSON, J.

 

 

#271074

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