Loyola Marymount University v. Los Angeles Unified School Dist

In Loyola Marymount University v. Los Angeles Unified School Dist. (1996) 45 Cal. App. 4th 1256, a private university challenged the imposition of former Government Code section 53080 school-impact fees on its construction of a new building intended to house its business school. The university argued that the purpose of the statute was not furthered by imposing the fees on its business school construction, which should not have been construed as "new commercial or industrial construction" within the meaning of former section 53080. The court held the statute did not exempt construction of educational facilities, which it deemed to be commercial in the context before it. The court also observed that the university had not challenged the factual findings of the school district's fee studies or the application of those findings to the construction of the new business school. The only evidence the university had adduced to the effect that the new construction would not impact local schools was one line in the declaration of a university vice president to the effect that when the business school was completed, " 'the existing school would be transferred to the new building with no increase in students or faculty.' " (Loyola Marymount University v. Los Angeles Unified School Dist., supra, 45 Cal. App. 4th at p. 1264.)