United Pacific Insurance Co. v. Hanover Insurance Co.
1990.CA.41143 266 CAL. RPTR. 231; 217 CAL. APP. 3D 925
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Publisher Description
Plaintiffs North State Development Company (North State) and A. D. Seeno Construction Company (Seeno) appeal from the judgment dismissing their case after a demurrer was sustained to their third amended mandamus petition challenging the imposition of a "school facilities fee" on new residential construction by defendant Pittsburg Unified School District (the District). We conclude the trial court erred in applying the statute of limitations contained in Government Code section 54995 in sustaining the demurrer to a portion of the petition. We hold that sections 66008 and 66017 provide the procedures for challenging the fee imposed, which plaintiffs failed to follow. We affirm the judgment.