topleft CSBA.org >  Services >  Governance Technology > 

Legal Resources | Education Code |  EC  43060  

Chapter 16. Court Actions on Special Election   

arrow Previous bar Next arrow

(a) In the action of California Building Industry Association v. Governing Board of the Newhall School District, et al., (Los Angeles County Superior Court (c658159)) brought to determine the validity of the special election of June 2, 1987, held in the William S. Hart Union High School District, the Castaic Union School District, the Newhall School District, the Saugus Union School District, or the Sulphur Springs Elementary School District, including the hearing of the action on appeal from the decision of a lower court, all courts where the action is or may hereafter be pending shall give the action preference over all other civil actions, with respect to setting the action for hearing or trial and hearing the action, to the end that the action shall be quickly heard and determined.

(b) If the action described in subdivision (a) is appealed, at the completion of the filing of briefs, the appellant shall notify the reviewing court that the briefs have been filed. Upon receipt of notice that the briefs have been filed, the clerk of the reviewing court shall set the appeal for hearing on the first available date on the court calendar.

(c) Section 43040.5, as added by Section 1 of the act adding this section, shall become operative only if the school districts named in Section 43040.5 prevail in the litigation described in subdivision (a).

(d) No city or county shall condition the issuance of a building permit on the payment of any tax required by special election as described in subdivision (a) unless Section 43040.5 becomes operative, as provided in subdivision (c), or unless a court of competent jurisdiction so orders.

(e) No school district enumerated in Section 43040.5 shall condition the collection of, or certification of compliance with, any developer fee or other requirement levied by the governing board of that school district under Section 53080 of the Government Code on the payment of any tax required by special election as described in subdivision (a) unless Section 43040.5 becomes operative, as provided in subdivisions (c), or unless a court of competent jurisdiction so orders, so long as the applicant for the building permit agrees in writing to pay the special tax, together with interest from the date of issuance of the building permit at a reasonable rate as determined by the court, in the event that the school district prevails in the litigation described in subdivision (a).

(Added by Stats. 1987, Ch. 1187, Sec. 3.)

Reference:

Education Code 43040.5

Government Code 53080