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OGDEN ENVIRONMENTAL SERVICES v. CITY OF SAN DIEGO

Civ. No. 88-0252-K(M).

687 F.Supp. 1436 (1988)

OGDEN ENVIRONMENTAL SERVICES, Plaintiff, v. CITY OF SAN DIEGO; City Council of the City of San Diego; Maureen O'Connor, Abbe Wolfsheimer, Gloria McColl, Ed Struiksma, Bruce Henderson, Ron Roberts, and Bob Filner, as Members of the City Council of the City of San Diego, Defendants.

United States District Court, S.D. California.

June 7, 1988.

Attorney(s) appearing for the Case

David L. Mulliken, Kristine L. Wilkes, Latham & Watkins, San Diego, Cal., for plaintiff.

C. Alan Sumption, Chief Deputy, City of San Diego, Litigation Div., San Diego, Cal., for defendants.

AMENDED MEMORANDUM DECISION AND ORDER

KEEP, District Judge.

This action arises out of the City of San Diego's ("City") denial of a conditional use permit to plaintiff Ogden Environmental Services ("Ogden"). In this motion, plaintiff moves for summary judgment on most of the causes of action in its complaint. This order addresses plaintiff's first cause of action for federal preemption, its fifth cause of action for violation of the California Environmental...

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