# San Marcos Water District v. San Marcos Unified School District

> California Supreme Court · July 21, 1986 · 42 Cal. 3d 154

URL: https://www.frixlaw.com/law-library/cases/5452141

## Case

- **Full name:** SAN MARCOS WATER DISTRICT, and v. SAN MARCOS UNIFIED SCHOOL DISTRICT, and
- **Court:** California Supreme Court
- **Decided:** July 21, 1986
- **Citations:** 42 Cal. 3d 154; 228 Cal. Rptr. 47; 720 P.2d 935; 33 Educ. L. Rep. 569; 1986 Cal. LEXIS 200
- **Precedential status:** Published
- **Opinion:** Concurrence by Grodin
- **Judges:** Grodin, Lucas
- **Cited by:** 56 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5452141

## Opinion text

GRODIN, J., Concurring.
It is not entirely clear to me—nor was it to the Court of Appeal—why a fee which is based upon an estimate of prospective use is a “special assessment” rather than a “user fee” because its purpose is to fund capital improvement. I agree with the majority, however, that we should defer to the now well-established precedent to that effect *169 and invite the Legislature, if it sees fit, to establish a different rule. On that basis, I concur.
Bird, C. J., concurred.
Respondent’s petition for a rehearing was denied August 28, 1986.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5452141. Public record. Not legal advice.