Cherry Valley Ranch, LLC v. Beaumont Unified School District
Published: Dec. 14, 2004 | Result Date: Oct. 18, 2004 | Filing Date: Jan. 1, 1900 |Case number: RIC414384 Bench Decision – $43,281
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Facts
Cherry Valley Ranch LLC is a developer of single family homes in Riverside and within the jurisdictional boundaries of the Beaumont Unified School District. Cherry Valley is a successor to a 1984 agreement between a previous developer (who did not develop the property) and the school district, which set forth a payment by the developer to the school district of $669 as school fees for each residential unit to be constructed. When Cherry Valley submitted a check of $4,014 for school fees for six lots, the school district refused to issue the clearance certificates for the building permits unless Cherry Valley paid the school district's statutory school fee rate of $3 per square foot for a total of $47,295. Cherry Valley paid the $47,295 under protest.
Settlement Discussions
Beaumont School District offered to settle for a rate of $2.14 per square foot which amounted to $5,671 per lot. Cherry Valley offered $669 per unit, plus an additional $0.34 per square foot, which amounted to $1,565.92 per lot.
Result
The court issued a Writ of Mandate ruling that the 1984 agreement was valid and enforceable against the school district. The School District was ordered to reimburse Cherry Valley the sum of $43,281 for the overpayment on the six lots and could only collect $669 per lot for the remaining 51 lots. Cherry Valley will pay a total of $38,133 for school fees on the 57 lots, instead of the $3 per square foot being demanded by the school district.
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