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IT CORP. v. SOLANO COUNTY BD. OF SUPERVISORS

Docket No. S017701.

1 Cal.4th 81 (1991)

820 P.2d 1023

2 Cal. Rptr.2d 513

IT CORPORATION, Plaintiff and Appellant, v. SOLANO COUNTY BOARD OF SUPERVISORS et al., Defendants and Appellants.

Supreme Court of California.

December 23, 1991.

Attorney(s) appearing for the Case

COUNSEL

Gordon, Defraga, Watrous & Pezzaglia, Titchell, Maltzman, Mark, Bass, Ohleyer & Mishel, Bruen & Gordon and Scott W. Gordon for Plaintiff and Appellant.

Ronald A. Zumbrun, Robin L. Rivett and Charles A. Klinge as Amici Curiae on behalf of Plaintiff and Appellant.

Charles O. Lamoree and Thomas H. Gordinier, County Counsel, Vicki Sieber-Benson, Assistant County Counsel, and Daniel P. Selmi for Defendants and Appellants.

Ira Reiner, District Attonrey (Los Angeles), Harry B. Sondheim and Brent Riggs, Deputy District Attorneys, David Nawi, County Counsel (Santa Barbara), Stephen Shane Stark and Timothy McNulty, Deputy County Counsel, Shute, Mihaly & Weinberger, Fran M. Layton, Wendy S. Strimling and Christy H. Taylor as Amici Curiae on behalf of Defendants and Appellants.

OPINION

BAXTER, J.

We granted review to decide whether state laws governing hazardous waste disposal facilities preempt the efforts of Solano County (County) to force removal of wastes unlawfully deposited by a facility operator within the "buffer" or "setback" zone long established by County land use permits. We find no express or implied state-law restriction on the traditional rule that a local government may specifically enforce...

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