Morgan Hill Unified School District v. Amoroso

Opinion

AGLIANO, P. J. 1. Introduction

Plaintiffs Morgan Hill Unified School District and Morgan Hill Unified School District School Building Corporation brought this action in October [108519]85 to validate their proposed issuance and sale of $3.75 million worth of bonds for additions and improvements to a high school. The high school was constructed pursuant to approval by local voters in 1972. Defendant Fred Amoroso responded to this action as a taxpayer. Plaintiffs appeal from the court’s determination after trial that the voters in November 1972 did not authorize the construction now proposed by way of lease amendment and supplemental indenture.

One week before trial, on February 19, 1986, this court issued a published opinion entitled Pajaro Valley Unified School Dist. v. Garcia (Cal.App.) H000460, which the trial court considered determinative. On May 8, 1986, the California Supreme Court granted a petition for review of our decision. On December 4, 1986, we granted a motion to stay briefing in this case pending the California Supreme Court’s issuance of a remittitur in that case. On April 16, 1987, the Supreme Court dismissed review pursuant to California Rules of Court, rule 29.4 (c), and remanded that case to this court.

California Rules of Court, rule 976 (d), provides: “Unless otherwise ordered by the Supreme Court, no opinion superseded by a grant of review, rehearing, or other action shall be published. After granting review, after decision, or after dismissal of review and remand as improvidently granted, the Supreme Court may order the opinion of the Court of Appeal published in whole or in part.” Since the Supreme Court’s remand did not order our opinion published, it is no longer published, contrary to the assumption in defendant’s brief.

We find no applicable exception in California Rules of Court, rule 977, warranting our citation or reference to our prior opinion, other than its mention above in explanation of the trial court’s decision and the procedural history of this case. We will affirm because our understanding of the statutes has not changed.

2. Facts

On November 7, 1972, voters affirmatively answered the following ballot question: “Shall the Governing Board of the Morgan Hill Unified School District prepare plans and specifications and lease buildings to be constructed for use by the School District consisting of a fully furnished, equipped and landscaped new high school to be furnished, installed and constructed on that certain 48 acre school site belonging to the District and located on East Main Avenue in Morgan Hill, California; and, for such purposes, shall the maximum tax rate of the District be increased from $4.02 to $4.60, such rate to be in effect in the Morgan Hill Unified School District for the school