2005 California Education Code Sections 43060 CHAPTER 16. COURT ACTIONS ON SPECIAL ELECTION

43060.  (a) In the action of California Building Industry
Association v. Governing Board of the Newhall School District, et
al., (Los Angeles County Superior Court (c658159)) brought to
determine the validity of the special election of June 2, 1987, held
in the William S. Hart Union High School District, the Castaic Union
School District, the Newhall School District, the Saugus Union School
District, or the Sulphur Springs Elementary School District,
including the hearing of the action on appeal from the decision of a
lower court, all courts where the action is or may hereafter be
pending shall give the action preference over all other civil
actions, with respect to setting the action for hearing or trial and
hearing the action, to the end that the action shall be quickly heard
and determined.
   (b) If the action described in subdivision (a) is appealed, at the
completion of the filing of briefs, the appellant shall notify the
reviewing court that the briefs have been filed.  Upon receipt of
notice that the briefs have been filed, the clerk of the reviewing
court shall set the appeal for hearing on the first available date on
the court calendar.
   (c) Section 43040.5, as added by Section 1 of the act adding this
section, shall become operative only if the school districts named in
Section 43040.5 prevail in the litigation described in subdivision
(a).
   (d) No city or county shall condition the issuance of a building
permit on the payment of any tax required by special election as
described in subdivision (a) unless Section 43040.5 becomes
operative, as provided in subdivision (c), or unless a court of
competent jurisdiction so orders.
   (e) No school district enumerated in Section 43040.5 shall
condition the collection of, or certification of compliance with, any
developer fee or other requirement levied by the governing board of
that school district under Section 53080 of the Government Code on
the payment of any tax required by special election as described in
subdivision (a) unless Section 43040.5 becomes operative, as provided
in subdivisions (c), or unless a court of competent jurisdiction so
orders, so long as the applicant for the building permit agrees in
writing to pay the special tax, together with interest from the date
of issuance of the building permit at a reasonable rate as determined
by the court, in the event that the school district prevails in the
litigation described in subdivision (a).