California Aviation Inc. v. Leeds
1991.CA.40473 233 CAL. APP. 3D 724; 284 CAL. RPTR. 687
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Publisher Description
In this case we construe for the first time the Naylor Act (Ed. Code, §§ 39390-39404; hereafter the Act), which governs the disposal of certain kinds of surplus school property. The City of Moorpark (hereafter City) petitioned the superior court for a writ of mandate to compel the Moorpark Unified School District (hereafter District) to transfer school property, pursuant to the Act. After the court granted the petition, District appealed. The Court of Appeal, affirming the superior court, concluded that the Acts provisions regarding surplus school property displaced the common law of contracts, that a binding contract for sale had been made under the Act, and that District acted capriciously when it purported to exempt the school site from the Act. We reverse the Court of Appeals decision.