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CITY OF WATSONVILLE v. DEPT. OF HEALTH

No. H028111.

35 Cal.Rptr.3d 216 (2005)

133 Cal.App.4th 875

CITY OF WATSONVILLE, Plaintiff and Appellant, v. STATE DEPARTMENT OF HEALTH SERVICES, Defendant and Respondent; California Dental Association, Intervener and Respondent.

Court of Appeals of California, Sixth District.

October 26, 2005.

Attorney(s) appearing for the Case

Grunsky, Ebey, Farrar & Howell, Alan J. Smith, Leslie J. Karst, Watsonville, Attorneys for Plaintiff/Appellant City of Watsonville.

Bill Lockyer, Attorney General of the State of California, Louis R. Mauro, Senior Assistant Attorney General, Christopher E. Krueger, Supervising Deputy Attorney General, Attorneys for Defendant/Respondent California Department of Health Services.

Morrison & Foerster, Howard B. Soloway, Los Angeles, Rachel P. Williams, Paul F. Coyne, Palo Alto, Erika L. Labit, Attorneys for Interveners/Respondents California Dental Association and California Dental Association Foundation.

Nick Bulaich, Association as Amicus Curiae on behalf of Plaintiff/Appellant City of Watsonville.

PREMO, J.

In November 2002, the voters of the City of Watsonville (City) passed a ballot initiative known as Measure S. Measure S prohibits introduction of any substance into City's water supply unless the substance conforms to listed requirements. We hold that to the extent Measure S applies to fluoridation it is preempted by state law.

I. FACTUAL AND PROCEDURAL BACKGROUND1

In the fall of 2002, City was poised...

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