Legal Question in Civil Litigation in California
validity of contract?
I live adjacent to a private Catholic school has violated the terms of a Conditional use Permit issued by the City of San Diego by illegally increasing its enrollment by an additional 150 students.
The city has served the school with a notice of violation, but the inspector claims that they cannot make the school reduce enrollment for two years because the school has enrollment contracts.
Wouldn't those contracts be negated by the fact that the school was already in violation of the law when it entered into them? If it's illegal to have more than 650 students, isn't a contract for enrollment for any student over that limit void because it's for an illegal purpose?
3 Answers from Attorneys
Re: validity of contract?
Is the school a nuisance? Call me directly.
Re: validity of contract?
The purpose of those contracts was to provide educations to students. That purpose is perfectly legal. The fact that the school chose to carry it out in a way it shouldn't have doesn't that fact.
The law specifies what penalties the school must face for its violations, and which of those penalties the inspector can impose on his own. He cannot impose additional penalties. Even if he could, expelling 150 students would punish them for the school's wrongdoing and would be monumentally unfair.
Re: validity of contract?
You may have a basis for bringing your own law suit for relief. You can contact us and work with our CA attorney.
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