The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

Examining the record in light of the relevant legal principles, the court below was just in holding that the Defendant’s imposition of school site charges against the Plaintiff was an abuse of discretion. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal nature of the imposition of school site charges, or by misapprehending the legal principles on the deviation or abuse of discretion.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.