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PEOPLE v. SHIROKOW

Docket No. S.F. 24026.

26 Cal.3d 301 (1980)

605 P.2d 859

162 Cal. Rptr. 30

THE PEOPLE, Plaintiff and Appellant, v. GEORGE A. SHIROKOW, Defendant and Respondent.

Supreme Court of California.

January 29, 1980.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger and George Deukmejian, Attorneys General, R.H. Connett, Assistant Attorney General, and Joel S. Moskowitz, Deputy Attorney General, for Plaintiff and Appellant.

Porter A. Towner, John Kramer and David B. Anderson as Amici Curiae on behalf of Plaintiff and Appellant.

Green, Green & Rigby and Denslow Green for Defendant and Respondent.

James G. McCain, Sharp & Maroot, Sidney J.W. Sharp, Jr., Glenda K. Doan, Pat S. McInturff, Clawson, Timm & Atkinson and Lawrence W. Clawson as Amici Curiae on behalf of Defendant and Respondent.

OPINION

MOSK, J.

The State of California appeals from a judgment denying its request for an injunction against defendant for his unauthorized diversion of water.

In this case of first impression we are asked to decide the circumstances under which the state may obtain an injunction pursuant to Water Code section 1052.1 Our key inquiry is whether defendant...

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