MISSION VIEJO : School District Wins in Dispute Over Fees

An Orange County Superior Court judge has upheld a ruling that the Saddleback Valley Unified School District acted properly in imposing fees on the builder of a senior citizen apartment complex in Laguna Hills.

The developer of the Rossmoor Regency, RRLH Inc., was appealing an April, 1989, ruling favoring the school district. In its appeal, the developer argued that fees charged by the district were too high and were imposed too soon.

In May of 1987, the school district charged the developer $1.50 per square foot for a total of $300,993.

In its suit, the developer claimed the district should have charged only 25 cents per square foot, under a 1988 law that lowered development fees on senior citizen housing. Although the fees were levied in 1987, before the law took effect, the developers’ attorneys said the school district imposed fees “prematurely,” before the complex was fully completed in 1988.

However, Superior Court Judge John H. Smith ruled that the school district was entitled to levy the fees before construction was complete.

“There is a logical reason for requiring early payment of school - impact fees,” Smith said. “Construction of school facilities must keep pace with construction of new residential developments so that new schools will be ready and available when needed by new homeowners.”