PEOPLE EX REL. S.F. BAY ETC. COM v. TOWN OF EMERYVILLE

Docket No. S.F. 22591.

69 Cal.2d 533 (1968)

446 P.2d 790

72 Cal. Rptr. 790

THE PEOPLE ex rel. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION, Plaintiff and Appellant, v. TOWN OF EMERYVILLE, Defendant and Respondent.

Supreme Court of California. In Bank.

November 13, 1968.


Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Clayton P. Roche, L. Donald Boden and E. Clement Shute, Jr., Deputy Attorneys General, for Plaintiff and Appellant.

C.E. Fletcher, City Attorney, Breed, Robinson & Stewart and James R. McCall for Defendant and Respondent.


MOSK, J.

On behalf of the San Francisco Bay Conservation and Development Commission (hereinafter BCDC), the Attorney General brought suit to enjoin certain fill operations by the Town of Emeryville on the ground that Emeryville had not obtained a BCDC permit as directed by the McAteer-Petris Act. (Gov. Code, § 66604.) The trial court concluded that Emeryville was not required to secure a permit because its fill operations were assertedly exempted under the "grandfather...

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