ZONING & PLANNING - CALIFORNIA

San Jose Unified School District v. Santa Clara County Office of Education

Court of Appeal, Sixth District, California - January 24, 2017 - Cal.Rptr.3d - 2017 WL 345136

School district and neighbor of proposed charter school site petitioned for writ of mandate challenging county board of education’s issuance of zoning exemption for charter schools.

The Superior Court granted writ of mandate. County board of education and charter school operator appealed.

The Court of Appeal held that county boards of education have no authority to issue zoning exemptions under the statute granting such authority to a “governing board of a school district.”



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