A & B CATTLE CO. v. CITY OF ESCONDIDO

Docket No. D004807.

192 Cal.App.3d 1032 (1987)

238 Cal. Rptr. 580

A & B CATTLE COMPANY OF NEVADA, INC., Plaintiff and Respondent, v. CITY OF ESCONDIDO, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

June 17, 1987.


Attorney(s) appearing for the Case

COUNSEL

David R. Chapman, City Attorney, John H. Serrano, Assistant City Attorney, and Jeffrey R. Epp, Deputy City Attorney, for Defendant and Appellant.

Thomas F. Homann for Plaintiff and Respondent.


OPINION

WORK, J.

City of Escondido (City) appeals an order granting judgment on the pleadings permanently enjoining it from enforcing a licensing ordinance regulating the sale of materials designed or marketed for use with illegal drugs (Escondido Municipal Code (EMC), § 16-190). We affirm because state law (Health & Saf. Code,1 §§ 11364.7, 11014.5) has preempted this regulatory field...

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