In what circumstances will a court award damages for failure to provide a facility for a single charter school?

California, United States of America


The following excerpt is from New West Charter Middle Sch. v. Los Angeles Unified Sch. Dist., 114 Cal.Rptr.3d 504, 187 Cal.App.4th 831 (Cal. App. 2010):

In determining whether a significant benefit has been conferred on the general public or a large class, courts must perform "a realistic assessment of all the relevant surrounding circumstances." ( Ryan v. California Interscholastic Federation, supra, 94 Cal.App.4th at p. 1044, 114 Cal.Rptr.2d 787.) In this case, the trial court determined that New West pursued only its unique claim based on the withdrawal of the Fairfax offer. The court determined that the benefit conferred in this litigation was only damages for the failure to provide a facility to New West alone. The court stated, "This action did not test the validity of section 47614, the merits of the charter school program, or provide any benefit to the charter schools to which LAUSD failed to provide space."

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