Today's Fresh Start v. City of Inglewood
Published: Dec. 24, 2010 | Result Date: Dec. 3, 2010 | Filing Date: Jan. 1, 1900 |Case number: YC060629 Bench Decision – Permanent Injunction
Facts
Plaintiff Today's Fresh Start is a charter school with six campuses and approximately 700 children enrolled as students. On Dec. 20, 2006, plaintiff purchased a 2½ acre parcel of land with a six story, 66,000 square feet building located in defendant City of Inglewood. Plaintiff sought to develop the property to open a new campus in Inglewood. Prior to the commencement of construction, a dispute arose between plaintiff and defendant regarding whether defendant had jurisdiction over plaintiff for the purposes of zoning and building codes.
Plaintiff sued defendant seeking an injunction against defendant exercising control over plaintiff.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that, pursuant to the Government Code and the Education Code, charter schools should be exempt from local jurisdiction, including building and zoning code. Plaintiff alleged that defendant's exercise of such jurisdiction was illegal and against the California Constitution.
DEFENDANT'S CONTENTIONS:
Pursuant to the Government Code, defendant alleged that plaintiff was subject to defendant's jurisdiction unless it met the requirements of a statutory exemption.
Result
As a result of being provided with information establishing a statutory exemption under the Government Code, defendant conceded that it did not have jurisdiction over plaintiff. The parties stipulated to a proposed judgment.
Other Information
FILING DATE: Sept. 15, 2009.
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