BALDWIN v. COUNTY OF TEHAMA

Docket Nos. C017285, C017301.

31 Cal.App.4th 166 (1994)

36 Cal. Rptr.2d 886

PETER BALDWIN et al., Plaintiffs and Respondents, v. COUNTY OF TEHAMA, Defendant and Appellant. BRUCE J. MYERS et al., Plaintiffs and Respondents, v. COUNTY OF TEHAMA, Defendant and Appellant.

Court of Appeals of California, Third District.

December 28, 1994.


Attorney(s) appearing for the Case

COUNSEL

Nelson D. Buck, County Counsel, Neumiller & Beardslee and Richard M. Archbold for Defendant and Appellant.

Daniel E. Lungren, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, Walter E. Wunderlich, Assistant Attorney General, Clifford T. Lee, Deputy Attorney General, Thomas M. Fries, County Counsel (Imperial), James Scanlon, County Counsel (Sutter), Stephen Dietrich, Jr., County Counsel (Tuolumne), James A. Curtis, County Counsel (Nevada), Phillip S. Cronin, County Counsel (Fresno), Dwight L. Herr, County Counsel (Santa Cruz) and Antonio Rossmann as Amici Curiae on behalf of Defendant and Appellant.

Kronick, Moskovitz, Tiedemann & Girard, Janet K. Goldsmith, Thomas W. Birmingham, Janis J. Purtee and Andrew B. Pollack for Plaintiffs and Respondents.

Gregory S. Weber as Amicus Curiae on behalf of Plaintiffs and Respondents.


OPINION

BLEASE, Acting P.J.

This case tenders the question whether a county is precluded from the regulation of groundwater because state law has preempted the field. We will conclude that state law, while regulating aspects of groundwater, does not wholly preclude county regulation.

The defendant County of Tehama (Tehama) appeals from a judgment declaring invalid an ordinance...

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