BENCH DECISION: Permanent Injunction.
CASE/NUMBER: Today’s Fresh Start v. City of Inglewood / YC060629.
COURT/DATE: Los Angeles Superior Torrance / Dec. 3, 2010.
JUDGE: Hon. Michael Vicenia.
Plaintiff – Michael M. Amir, Ron St. Marie (Doll, Amir & Eley, LLP, Los Angeles).
Defendant – Taufiki D. Joshua (Office of the City Attorney, Inglewood).
FACTS: Plaintiff Today’s Fresh Start is a charter school with six camp.uses and approximately 700 children enrolled as students. On Dec. 6, 2006, plaintiff purchased a 2 1/2 acre parcel of land with a six story, 66,000 square feet building located in defendant City of Inglewood. Plaintiff sought to develop the property to open a new campus in Inglewood. Prior to the commencement of construction, a dispute arose between plaintiff and defendant regarding whether defendant has jurisdiction over plaintiff for the purposes of zoning and building codes.
Plaintiff sued defendant seeking an injuction against defendant exercising control over plaintiff.
PLAINTIFF’S CONTENTIONS: Plaintiff contended that, pursuant to the Government Code and Education Code, charter schools should be exempt from local jurisdiction, including building and zoning code. Plaintiff alleged that defendant’s exercise of such jurisdiction was illegal and against the California Constitution.
DEFENDANT’S CONTENTION: Pursuant to the Government Code, defendant alleged that plaintiff was subject to defendant’s jurisdiction unless it met the requirements of a statutory exemption.
RESULT: As a result of being provided with information establishing a statutory exemption under the Government Code, defendant conceded that it did not have jurisdiction over plaintiff. The parties stipulated to a proposed judgment.
FILILNG DATE: Sept. 15, 2009